Warning
Info
Warning
Info
Simple English definitions for legal terms
contributory-negligence doctrine
Read a random definition: uterque nostrum
A quick definition of contributory-negligence doctrine:
The contributory-negligence doctrine is a legal principle that prevents a plaintiff from receiving any compensation if they are partially responsible for their own injury or damage. This means that if someone is even slightly at fault for their own harm, they cannot recover any damages from the other party. However, many states have replaced this doctrine with a comparative-negligence scheme, which allows plaintiffs to recover damages based on the percentage of fault assigned to each party involved.
A more thorough explanation:
The contributory-negligence doctrine is a legal principle that completely bars a plaintiff from recovering damages if they are partly at fault for the harm they suffered. For example, if a pedestrian jaywalks and gets hit by a car, the contributory-negligence doctrine would prevent them from recovering any damages from the driver.
However, most states have abolished this doctrine and replaced it with a comparative-negligence scheme. Under this scheme, the plaintiff's recovery is reduced by the percentage of their own fault. For instance, if the pedestrian in the previous example was found to be 25% at fault, they would only be able to recover 75% of the damages.
Overall, the contributory-negligence doctrine is a harsh rule that places a heavy burden on plaintiffs to prove that they were not at fault for their injuries. Its replacement with a comparative-negligence scheme has made it easier for injured parties to recover damages, even if they were partially responsible for the accident.