LawMeaning

Contributory Negligence

In one sentence

A plaintiff's own carelessness that partially caused their injury, reducing their recovery.

Plain English

When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.

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Example

A pedestrian is struck by a car while texting and crossing against the light. The driver was speeding, but the pedestrian's distraction also contributed to the accident. The court might find the pedestrian 30% at fault and reduce their award accordingly.

Used in a sentence

“The judge reduced the plaintiff's award by 25% due to contributory negligence on her part.”

Related terms

Negligent Misrepresentation
A false statement made without reasonable care for its truth, causing harm to the other party.
Mitigation of Damages
A duty to take reasonable steps to minimize losses caused by another party's breach.
Damages Calculation
The process of determining how much money a harmed party should receive for a breach.
Breach of Warranty
Failing to fulfill a promise or guarantee made about a product or service.
Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Negligence
Failure to exercise reasonable care that results in harm to another person.
Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.