Also known as: contributory negligence · contributory negligence doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A complete defense in negligence actions that bars recovery when the plaintiff's own failure to exercise reasonable care for personal safety is a legally contributing cause that cooperates with the defendant's negligence to produce the harm. The doctrine treats the plaintiff's conduct as an absolute bar except in narrow circumstances such as the defendant's last clear chance or justifiable reliance on a fraudulent misrepresentation.
Dylan Duffy left a gate unlocked on his rural property after a storm knocked down power lines. Danielle Dixon entered the land to reach her stranded livestock and damaged a fence while doing so. Because Dylan left the gate open, creating the very risk that prompted the entry, Danielle owes no compensation for the fence damage.
Diego Duarte bought software from Dominion Capital after its sales agent falsely claimed independent penetration tests had passed. Diego skipped his usual verification steps because of cash-flow pressure. Even though Diego failed to investigate, his claim for fraudulent misrepresentation survives because justifiable reliance on the lie is not defeated by contributory negligence.
Select any source to read its text and confirm it supports the definition.
Denise Donovan entered a roped-off backstage corridor at a music festival while wearing headphones. Darrell Duncan, an employee moving equipment, struck her with a cart. Denise's decision to enter the restricted area with impaired awareness constitutes contributory negligence that bars her negligence claim against Darrell and the festival producer.
Diane Dawson was injured on a railroad right-of-way in Pennsylvania. She sued the railroad in federal court. The federal court must apply Pennsylvania's contributory-negligence rule rather than a federal common-law standard because state substantive law controls the defense.
Dakota Industries sold a vehicle whose design contributed to a crash. The driver, Dylan Duffy, had also been speeding. Under California's comparative-fault system the driver's contributory negligence reduces but does not eliminate recovery, replacing the former complete bar.
Denise Donovan stood on a train platform when an explosion knocked scales onto her. Although the railroad's conduct created the risk, her own position on the platform is examined to determine whether contributory negligence limits recovery.
Contributory negligence bars recovery when the plaintiff's conduct falls below the standard of care for self-protection and cooperates with the defendant's negligence to cause the harm. The bar applies unless the defendant had the last clear chance to avoid the injury.
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No. One who justifiably relies on a fraudulent misrepresentation is not barred from recovery by contributory negligence in failing to verify the statement.
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The last-clear-chance doctrine allows recovery despite the plaintiff's contributory negligence when the defendant had a final opportunity to avoid the harm after the plaintiff's negligence had already occurred.
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Entering a marked staff-only zone while wearing headphones that impair awareness of moving equipment satisfies the definition because it falls below the reasonable-person standard for self-protection and cooperates with the defendant's negligence.
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…to sustain a finding that plaintiff's injuries were caused by the negligence of defendant. It also held the question of contributory negligence one for the jury. Defendant's petition for writ of certiorari presented two questions: Whether its duty toward plaintiff should have been determined in accordance with the law as found by…