Contributory and Comparative Negligence Definitions

Contributory and Comparative Negligence Definitions - Cont...

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Unformatted text preview: Cont r ibutory Negligence: I t applies to cases where plaintiffs have, through their own negligence, contributed to cause the damages they incurred as a result of defendants' negligence. For example, a pedestrian crosses a road carelessly and is hit by a driver who is also driving carelessly. Contributory negligence is distinguishable from contribution, which is a claim brought by one or more defendants seeking to have a third party pay some or all of any money damages awarded to a plaintiff. Comparative Negligence: Is a partial defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the damages. When this defense is asserted, the fact-finder, usually a jury, must decide the degree to which the plaintiff's negligence versus the combined negligence of all sued defendants contributed to cause the plaintiff's damages. I t is a modification of the doctrine of contributory negligence, which disallows any recovery by a plaintiff whose negligence contributed, even minimally, to causing the damages. ...
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This note was uploaded on 12/11/2007 for the course ECON 4040 taught by Professor Hay during the Fall '07 term at Cornell University (Engineering School).

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