Reviewed by Aug 27, 2020| Updated on
What is Contributory Negligence?
The plaintiff's failure to exercise reasonable care for their safety is contributory negligence. A complainant is a party which is bringing a case against another party (the defendant). Contributory negligence could bar recovery or reduce the amount of compensation received by a plaintiff if their actions increased the likelihood of an incident. Defendants also make use of contributory negligence as a defence.
Breaking Down Contributory Negligence
Insurance is a critical aspect of determining fault in an accident. An insurance policyholder may file an insurance claim that seeks compensation for a loss or event that is covered by the policy. Insurance companies are litigating to make sure they are only liable for damages caused by their insured customers. As well, insurance company defence lawyers typically try to limit liability to the smallest possible extent.
Reviewing conduct that led to an incident decides whether to assign liability to insurers and the courts. Fault determination will ultimately lead to the decision as to how much the insurer will need to pay as a result of the claim. Insurers seek to spend as little for a claim as possible, so as not to affect the profitability of the company.
In some cases, blamelessness may be found on the party initiating a claim for damages. For instance, if the property of the insured is up to code but is affected by a tragic accident, the policyholder will likely seek full compensation up to the coverage limit. In other cases, it may be found that the individual who filed a claim contributed to the damages. For example, a lawsuit for property lost to fire after the insured was told of defective wiring, but it could be deemed reckless not to repair it.