Examples Of Contributory Negligence

Contributory negligence is not a complete affirmative defence. It is an ‘incomplete defence’ because it does not seek to absolve the defendant of all liability. By invoking Article 2179 (NCC), the defendant accepts that the proximate cause of the injury was his act, but he seeks to lessen hisliability by proving that the plaintiff had failed to act in such a way that would have prevented a greater injury. If so, there is a need to present evidence of the plaintiff’s negligence—not as proximate cause, but as a contributory cause. Because contributory negligence is a doctrine of common law origins, we examined how the concept is treated in the United States. Some states follow the “English Doctrine,” which treats the contributory negligence of