parent nodes: comparative negligence | Harris v Meadows | last clear chance | McIntyre v Balentine | Negligence Torts | standard of care
contributory negligence
The common law rule was that a plaintiff whose own negligence contributed to his or her injuries could not recover from a defendant who was also negligent. See, e.g., Harris v Meadows.
However, an implicit double standard often arose holding the plaintiff to a lesser degree of care than the defendant. One major example is the "last clear chance" rule.
Contributory negligence has been largely abolished in favor of comparative negligence by statute, as well as by occasional judicial decision. McIntyre v Balentine.
Cases
Harris v Meadows
McIntyre v Balentine
[alias: contributorily negligent]