Could someone please exlpain what is contributory negligence and comparative negligence mean. (compare and contrast)
Contributory negligence and comparative negligence are legal concepts that determine the extent to which a plaintiff's negligence can affect a lawsuit and potential financial compensation.
Contributory Negligence:
Contributory negligence is a legal doctrine that historically prevented a plaintiff from recovering any damages if they were found to have contributed in any way to the accident or injury. In cases where the plaintiff's negligence is proven, they are considered to be fully responsible for their own harm, even if the majority of fault lies with the defendant. This concept often resulted in a harsh outcome for plaintiffs, as even minor negligence on their part could bar them from recovering any damages.
Comparative Negligence:
Comparative negligence, on the other hand, is a more modern and widely adopted legal doctrine. It allows for a more fair and proportionate allocation of fault and compensation. Comparative negligence considers the negligence of both the plaintiff and the defendant and apportions liability accordingly. There are two main types of comparative negligence:
1. Pure Comparative Negligence:
Under the pure comparative negligence rule, the plaintiff's compensation is reduced by the percentage of their own fault, even if it is more than 50%. For example, if a plaintiff is found 30% at fault, their recoverable damages will be reduced by that percentage.
2. Modified Comparative Negligence:
Under the modified comparative negligence rule with a threshold, the plaintiff's compensation is reduced if their share of fault exceeds a certain threshold, often 50% or 51%. If the plaintiff is found to be more at fault than the established threshold, they are barred from recovering any damages. However, if their fault is equal to or less than the threshold, they may still be eligible for compensation, which is reduced based on the proportion of their fault.
To summarize, while contributory negligence completely bars the plaintiff from recovering damages if they are found even slightly at fault, comparative negligence allows for a more equitable distribution of liability by proportionally reducing damages based on the plaintiff's degree of fault.