contributory negligence
sandeep R.N
(Querist) 30 December 2010
This query is : Resolved
pls give more about contributory negligence
Advocate. Arunagiri
(Expert) 30 December 2010
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For example, if you were hit by a bike while crossing the street, but you jumped into the street without looking first then your carelessness will be taken into consideration and any money that you receive may be discounted because of your own carelessness. If you are found to have contributed to your own injury, the rules in some states will prevent you from collecting any money. Many states have done away with the concept of contributory negligence altogether and instead use the concept of “comparative negligence.” Comparative negligence looks to the degree of fault of each party in determining whether an award is justified in the case and what amount the award will be.
Advocate. Arunagiri
(Expert) 30 December 2010
Also see a case law:-
Insurance companies take heed. A motor accident claims tribunal last week handed out a Rs 14.71-crore compensation to a Paschim Vihar family which lost its bread-earner in a road mishap five years ago.
The compensation claim has been upheld even though the insurance company contended that the accident occurred because a Tata Sumo had been parked next to the central verge on the G T Karnal highway without its parking indicators on. The car driven by Delhi resident Rajneesh Goel rammed into the stationary Tata Sumo, leading to his death.
The tribunal dismissed Oriental Insurance Company's contention that Goel was guilty of "contributory negligence". S K Paruthi, who appeared for Goel's wife Alka and her children, argued, "It was a case of sheer negligence by the Sumo's driver, who had parked his car close to the central verge on the highway to replace a flat tyre."
Paruthi alleged that while the Sumo's tail lights were not on, his client's husband died as street lights were also not functioning on that night.
The insurance claim tribunal also rapped the insurance company for denying compensation to the victim on grounds that the accident was caused by his "contributory negligence".
G. ARAVINTHAN
(Expert) 30 December 2010
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort.
It applies to cases where a plaintiff, Claimant has, through his own negligence, contributed to the harm he suffered.
A finding of contributory negligence is not a complete defence for a defendant, the court will, based on the circumstances of the case, reduce the damages awarded to the claimant according to the claimants level of culpability.
For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently.
Contributory negligence is often regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely.
M V Gupta
(Expert) 02 January 2011
Appreciate the brief and clear explanation of the doctrine of contributary negligence by Mr. Arunagiri.
