When an accident occurs, there is an abundance of legal philosophies that can be used to determine the person or persons at fault. Because the blame for the accident can distinguish those eligible to sue for damages from those are not, “negligence” often proves a delicate issue in such cases. Moreover, as contributory negligence is one of the first things to consider while gauging the blame to be attributed to a party, it may be the strictest standard in the country.
Contributory negligence in common law is the protection against a claim based on negligence, and applies in cases where the plaintiff has through their own action, contributed to the event that has caused them harm. For instance, a pedestrian crossing the road without taking adequate precaution is partly responsible for any accident. His negligence is taken as contributory to the accident, and renders him unable to sue the driver, because without it the accident would not have taken place. Contributory negligence is also exemplified by a plaintiff’s voluntarily disregard of warnings and assumption of a certain level of risk. It is not, however, considered contributory negligence if a person accepts reasonable risk while attempting to rescue another person.
The statute of contributory negligence states that, if a person is at all found negligent in an accident, they cannot file a claim to cover damages or injuries. In other systems like the comparative negligence system, percentages are used to determine who may file for money, and how much. These percentages would be mostly useless as contributory negligence. The law behind contributory negligence states that any responsibility proven for the accident means that the plaintiff’s claim is invalid.
The drawback of this form of negligence handling cuts down the number of claims, that after reaching court, are recognized as valid. The plaintiff’s claim can be dismissed as long as he is unable to prove beyond doubt that he either was blindsided by injury, whether from medical malpractice or on the highway, or acted in only as reasonable a way as was humanly possible at the time.
Though the chances for a claim to be compensated are bleak, it does happen occasionally. Sometimes the situation may have been such that even a mindful human could not have kept himself from injury, and so is spared contributory negligence charges.
This is some information on the system of contributory negligence. Hope it was helpful.Google+