Question

Identify and explain "contributory negligence"

Answer 1

Contributory Negligence

Contributory Negligence is the plaintiff's negligence which caused him the injury, it is the inability or failure of the Plaintiff to take due care for their safety. Contributory Negligence can reduce the amount of compensation or bar the recovery a plaintiff claim if it is found that his actions increased the chances of accident occurred. Defendant make use of this rule as a defence.

Insurance company's defence lawyer attempts to reduce the amount of insurance claim payable as much as possible. When a policyholder file an insurance claim then the company try to find the reason of the accident and if they find negligence on part of insurance holder then the court can reduce the claim payable. Court decides how to assign fault after reviewing actions that led to the accident.

For example: A claim on insured property lost in fire. But during investigation court found that the owner was informed of faulty wire system of property and the owner chose to ignore it and didn't get it repaired. In this case court can reduce the insurance claim and even can deny it.

Or, If A pedestrian who doesn't check traffic lights before crossing road gets hit by a vehicle will be blamed for contributory negligence because his actions contributed to the causes of accident.