Contributory Negligence

What Does Contributory Negligence Mean?

Contributory negligence is a defense used in common law to indicate that the plaintiff was partially responsible for the harm or loss they suffered. It suggests that both parties’ negligence contributed to the occurrence of the incident. In the context of liability insurance, various policies may cover the costs associated with mounting a contributory negligence defense.

Insuranceopedia Explains Contributory Negligence

For example, during rush hour, a pedestrian in a hurry crosses the road without paying attention, despite the warning lights indicating it isn’t safe to cross. Unfortunately, the pedestrian is hit, injured, and later files a negligence claim against the motorist to recover damages. Will the courts rule in favor of the pedestrian?

The defendant (the motorist, in this case) could raise a contributory negligence defense, arguing that the plaintiff’s injuries were partly caused by their own negligent actions. The defendant would need to prove beyond a reasonable doubt that the pedestrian’s reckless behavior contributed to the accident. If the court accepts the contributory negligence defense, the plaintiff may be unable to recover any damages. However, the plaintiff may still have other legal avenues to pursue in order to hold the defendant liable.