Chicago personal injury lawyers, Articles

Contributory Negligence

Contributory negligence is a defense in common. It is used in response to negligence claims in torts. It can be applied where the plaintiff has, through his or her own negligence, contributed in some way to the damages that were incurred as a result of the defendant’s negligence.

It is different from a claim of contribution. Contribution is a claim brought by one or more defendants who want a third party to pay some or all of the monetary damages that were awarded to the plaintiff.

In the common law system, contributory negligence originally was an absolute defense. This meant that if a defendant could successfully raise the defense, he or she would be able to avoid any liability for the tort. This frequently leads to injustice when the plaintiff's negligence was slight. Despite the low degree of negligence on the part of the plaintiff, the defense of contributory negligence would prevent the plaintiff from recovering any damages at all.

The majority of jurisdictions in the United States have modified the doctrine of contributory negligence. It has been changed either through a court decision or by legislation. The name has also been changed to comparative negligence. By this new standard, the jury now deducts from the total amount of compensation the percentage of how much negligence the plaintiff exhibited.

For example, a jury originally awarded a plaintiff $100. The jury found that the defendant was 80% liable for the injury whereas the plaintiff was 20% liable. Because the plaintiff was 20% liable, the jury would deduct 20% of the $100. This leaves the plaintiff with $80 rather than nothing at all.

Contact a Chicago Personal Injury Lawyer

If you have been injured in some way, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 to figure out if you have a case.