Also known as: vicarious liability · contributory liability · contributory negligence
Written by attorneys · grounded in primary & secondary sources — see below
A defense that bars a plaintiff from recovering damages when the plaintiff's own negligence contributed to the harm caused by the defendant's conduct.
Veronica Varela enters Virgil Vaughn's property to rescue her own livestock that wandered onto the land during a storm. Vaughn had left a gate open despite knowing the risk of escape. When Varela's actions cause minor damage to a fence, Vaughn sues. Because Vaughn's own negligence created the need for entry, Varela avoids liability for the harm.
Valdez Steel purchases equipment after Volta Electric falsely states that the machines meet industry safety codes. Valdez Steel fails to inspect the equipment before buying. When the machines prove defective, Valdez Steel sues for fraud. Its failure to inspect does not bar recovery because the reliance on the misrepresentation was justifiable.
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When entry onto land occurs to protect the actor or a third person, the actor remains liable for resulting harm unless the possessor's own tortious conduct or contributory negligence created the threat that prompted the entry.
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No. A plaintiff who justifiably relies on a fraudulent misrepresentation may still recover even if the plaintiff was contributorily negligent in that reliance.
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The law selected under the most significant relationship test determines whether one person is liable for the tort of another.
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