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Contributory and Comparative Negligence


Accidents take place everyday -- people are injured and property is damaged. When accidents happen, one of the first questions people typically ask is "Who was at fault in the accident?" The concepts of "contributory" and "comparative" negligence address this question and provide a way to allocate fault between parties when the answer to this question is not entirely clear. For example, Dave, a motorist, strikes Sally, a pedestrian who was crossing the street without carefully checking traffic or heeding the warning of the do-not-cross sign of the nearby streetlight. Who is at fault in this situation? This complex situation begins when the injured party asserts a negligence claim against the wrongdoer. The defendant (the person sued) may then assert a contributory negligence claim against the plaintiff (the person bringing the lawsuit), in effect stating that the injury occurred, entirely or in part, as a result of the plaintiff's own actions. If the defendant is able to prove the contributory negligence claim, the plaintiff may be totally barred from recovering damages or her damages may be reduced to reflect her role in the resulting injury. As one might imagine, claims addressing this "fault" issue can become very complex. An attorney, experienced in dealing with negligence and contributory negligence, can help sort through the problem and will work for a fair settlement that reflects both parties' responsibility for the injury.

Negligence

Negligence is a term used to characterize conduct that creates an unreasonable risk of harm to others. In order to prevail on a negligence claim, the party will have to prove several things. First, the person claiming injuries will have to show that the defendant had a duty to act in a certain manner towards the injured person. The general rule is that an individual has a duty towards all persons, at all times, to exercise reasonable care for the person's physical safety and property. For example, Dave has a duty to Sally to operate his car in a reasonable manner and to be mindful of her safety, even though there is no special relationship between Dave and Sally.


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