Contributory Negligence

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• Negligence is a failure to exercise the appropriate and or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.

Types of Negligence

1. Gross Negligence: - In these cases the negligence was so careless it showed a complete lack of concern for the safety of others. Gross negligence is a much more serious form of negligence that goes a step further than simple careless …show more content…

Comparative Negligence: - This is where the plaintiff is marginally responsible for the injuries to himself. The plaintiff maybe required to pay a percentage of the damages in a comparative negligence case. Example: You drive through a green light but are struck by someone running a red light. You sustain serious injuries because you were not wearing a seatbelt. Because you are partially responsible for your injuries, you must pay $3,000 of the $10,000 damages amount while the defendant must only pay $7,000.

3. Contributory Negligence:- In contributory negligence cases, if the plaintiff cause his own injury in any manner, he cannot collect damages at all. This type of negligence is being abandoned in many areas. In the example for comparative negligence above, if contributory negligence applied, you would not receive any damages because you partially contributed to your own injury by not wearing a seatbelt.

4. Mixed Comparative and Contributory Negligence:- This form of negligence is combination of comparative and contributory. Mixed negligence is where if the plaintiff is determined to be more than 50% responsible for his own injury, they may receive only a percentage of damages, or none at all. Example: Using again the car accident scenario, if the injury determined that not wearing your seatbelt was half or more than half the reason you were injured, you will receive little to no

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