By Stuart Ross and Bottom Line Research & Communications

We all deal with allegations of contributory negligence in response to the claims of a plaintiff on a frequent basis, and we thought it might be helpful to take a close look at the basic principles regarding this partial defence, in the nature of a primer.

A finding of contributory negligence recognizes the failure of the plaintiff to take care for his or her own safety without releasing the defendant from all responsibility. Where a finding of contributory negligence is made, it will reduce the defendant’s liability in proportion to the plaintiff’s degree of responsibility.

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