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Negligence laws

Information on the law about NegligenceContributory Negligence

When contributory negligence first appeared in the repertoire of personal injury lawyers, the standards of proof needed to succeed were quite high and very severe. Originally, under the doctrine of contributory negligence if it were shown that the plaintiff contributed in any way to his injuries, he was barred from any recovery. This has been modified over time to permit the plaintiff to recover even if he contributed to his injuries, as long as his fault is under 50 percent. In these cases, recovery is relative to fault. For instance, if a jury finds a party's injuries worth $100,000 and holds that the party was 25 percent at fault, the party's recovery would be $75,000. On the other hand, if the jury found the party 60 percent at fault, the party would be barred from any recovery.

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Law Library - American Law and Legal InformationState Laws and StatutesNegligence laws - Information on the law about Negligence - Contributory Negligence, Contribution Among Tortfeasors, The State Of The Law - Comparative Fault