Contributory negligence is a legal standard that may affect you depending on where you live. Some state residents, like the people of Maryland, are itching to remove it from state law entirely.
Are you filing something like a personal injury claim in DC, Maryland, Alabama, North Carolina, or Virginia? If so, It can affect your entire case and, for some unlucky individuals, throw it out altogether.
So what exactly is contributory negligence? Is it something that you should be concerned about? How does it compare to legal standards like comparative fault?
We’ve got all of these answers and more. Read on to find out.
What Is Contributory Negligence?
In personal injury claims, your case will rest upon proving the negligence of the defendant. In other words, you have to show that the accused behaved in a certain way or failed to prevent a condition that led to your injury.
To state it more clearly, think about the classic example of a slip and fall accident. You go into a grocery store and enter a section of the store that is still damp from mopping or spillage. There is no wet floor sign to be found and so, not knowing that you should take care while walking through that area, you slip, fall, and injure yourself.
The negligence, in a case like this, comes from the store’s failure to provide adequate warning that the floor was wet. Patrons are then exposed to the risk of becoming injured. They had no reasonable way of knowing that they were dealing with dangerous or unusual conditions.
Contributory negligence, however, refers to any responsibility you, as the plaintiff, might have. The defendant may refer to any behaviors or failures to pay reasonable attention on your end that led to your injury. This shifts the focus of blame and determines the outcome of your settlement.
No matter what, you should always request legal help when filing something like a personal injury claim. However, do you believe that there is a possibility that contributory negligence could enter into your court proceedings? If so, it is absolutely imperative that you have legal representation.
Is There a Difference Between Contributory Negligence and Pure Contributory Negligence?
Here’s the tricky part. Some people use the term “contributory negligence” much like you would use the term “comparative fault.” If you begin to hear the term “contributory negligence” thrown around during your proceedings, ask your lawyer for clarification.
Pure contributory negligence is the legal standard that is still in effect in DC, Maryland, Alabama, North Carolina, and Virginia. The reason that many people want it thrown out is that it is an unforgiving legal standard. If contributory negligence is found to be relevant in any of these states or the capitol, you will not receive any compensation from the defendant for your injuries.
What Is Comparative Fault?
You’re probably wondering, what is comparative fault? Comparative fault is used much in the same way as contributory negligence, but the way that it will affect your case tends to be different. Not all states consider comparative fault in things like personal injury claims, but many of them do.
If comparative fault comes into play, it won’t cancel out all of the damages you’re hoping to receive compensation for. Instead, your asking amount is reduced to reflect any fault you may have in your injury.
For example, if you are asking for $100,000 and the judge rules that you are 30% at fault, you may be entitled to $70,000 rather than $100,000. This 30% reduction is reflective of the 30% of responsibility you take in your own injury.
Remember, not all states operate this way. Any time you hear terms like “contributory negligence” or “comparative fault,” request clarification for your lawyer.
Examples of Contributory Negligence
How do you know if contributory negligence will affect your case? Maybe looking at a few examples will give you a clearer sense of how this works.
Let’s go back to the earlier example of a slip and fall case in a grocery store. Imagine that the managers and employees did fail to put wet floor signs out after mopping but you were also distracted by your cellphone at the time of your accident. It is possible that the defendant could argue that you would have been more likely to notice the wet floor on your own had you been paying attention to where you were walking.
Another example of contributory negligence is a car accident that wasn’t your fault but occurred while you weren’t wearing a seatbelt. The defendant may have distracted themselves with a passenger, the radio, or their own cellphone when they drove into your car. However, the fact that you weren’t abiding by the law and wearing your seatbelt means that the defendant could argue that your injuries are worse than they would have been otherwise.
Contributory negligence can also come into play in cases involving medical malpractice. Imagine that you are prescribed a medication and experience side effects that your doctor reasonably knew about but failed to warn you about. This is potential grounds for a medical malpractice claim–unless you weren’t taking the medication as prescribed, in which case you bear contributory negligence.
Don’t Underestimate the Importance of Contributory Negligence
If you’re filing something like a personal injury claim, you’ve suffered an injury at the hands of someone else’s negligence. However, make sure you know whether or not it’s arguable that you were also negligent at the time. Depending on where you live, contributory negligence could wipe out the salience of your claim.
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