Contributory negligence
Defense that victim contributed to their own fault / From Wikipedia, the free encyclopedia
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In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence.[1]
Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach.[1] A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault the fact-finder assigns to the plaintiff for their own injury.[2] For example, if a jury thinks the plaintiff is 30% at fault, the plaintiff's damages award will be reduced by 30%.