CONTRIBUTORY NEGLIGENCE. Find the Best Lawyer for Contributory Negligence in Chennai, Tamil Nadu, India. Choose Leading Law Firms first.
The word ‘negligence’ denotes carelessness in the first place. In fact, It is a failure to exercise standard care expected by a reasonable man under normal circumstances. In general, there is a legal duty to take care when it was foreseeable that failure to do so was likely to cause injury.
What is Contributory Negligence?.
Contributory Negligence is a defense for torts like negligence. The defendant can use this against the plaintiff when sued for some specific torts. Moreover, Contributory negligence is a defense to a claim based on negligence.
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Personal injury cases are complex in nature. Many times people injured in accidents believe they have a straightforward case. They think they do not need an attorney and try to pursue an accident claim on their own.
The insurance company may try to offer a quick settlement that does not even cover all your losses. The insurance company may try to argue you were somehow at fault in the accident on the other hand. A representative may deny your claim altogether. It is more devastating under such circumstances
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It’s important to contact a Civil lawyer as soon as possible if you or someone you love sustained an injury, . Our team of High court advocates is experienced and caring lawyers. Top Attorneys in Appellate law firm are ready to fight for the compensation you may deserve and need.
Meaning of Contributory Negligence
“Contributory Negligence” does not mean a breach of any duty. It only means the failure by a person to use reasonable care for the safety of either himself or his property. He becomes blameworthy in part as an “author of his own wrong”. It is not a complete defense. Here the plaintiff’s own fault has contributed to the damages he suffered. The plaintiff will have his/her damages reduced in proportion to his/her fault.
The defendant is likely to benefit if the court is unable to decide the extent of negligence of the parties.
Examples of Contributory negligence
- Imagine a situation involving an accident at work. Suppose both claimant and defendant are to blame. Then the outcome gets two sides in the same proportion as each party is to blame.
- A driver who drives too fast for the road conditions is negligent if he hits a pedestrian. If that pedestrian did not check the traffic the pedestrian is also negligent. The proportion depends on the availability of time to the driver to avoid the pedestrian.
A CLOSER LOOK AT CONTRIBUTORY NEGLIGENCE
Contributory Negligence defense is essential in Personal injury cases. It may be a car accident or commercial truck accident. If the insurance company can prove you in any way you contributed to the accident. You may be barred from obtaining compensation for your injuries for not exercising reasonable care.
BE CAREFUL WHAT YOU SAY TO INSURANCE COMPANIES
This is one reason why insurance companies work hard to get people to admit that they had a role in causing their own injuries. Remember, insurance adjusters, are expert professionals who work to negotiate in the insurance company’s favor. They interview you to seek information for their company to reduce or deny your right to recover. Without consulting your attorney do not sign anything. Also do not give any statement to the insurance company.
The burden of Proof in contributory negligence
The burden of proving contributory negligence is on the defendant. If the defendant fails to plea for contributory negligence then the plaintiff is responsible to prove it. The defendant can prove the plaintiff’s negligence. Thereafter the burden of proof is on a plaintiff to disprove his or her own negligence. Even if the plaintiff was negligent, the defendant still is liable, if he or she had the last clear chance to prevent the injury.
Example of contributory negligence
A is trying to catch a bus, the bus has started and is gaining speed. A has taken the hold of the handle and is trying to put his foot on foot-board but he lost hold of the handle. His foot could not take his load as it was not fixed. A fell down and got injured. In this case, A is liable for his fall from the bus, as he tried to board a moving bus. It was risky to catch a moving vehicle this way. The footboard would not have affected him if the bus would not have been in motion. So the bus company would not be liable.
Last Opportunity Rule
When two persons are negligent then the person who had the last opportunity of avoiding the accident by taking ordinary care, should be liable for the loss. It means that if the defendant is negligent and the plaintiff having a later opportunity to avoid the consequences of the negligent act of the defendant does not observe any ordinary care, then he cannot make the defendant liable for that. , If the last opportunity was with the defendant, he will be liable for the whole of the loss to the plaintiff.
Intentional torts cannot avail the defense of contributory negligence. It is also not available where the defendant is found to be guilty of wanton and willful misconduct. And it is also unavailable if the defendant has violated a statute designed for the plaintiff’s protection. Contributory negligence is not a defense for strict liability torts unless the plaintiff has assumed an unreasonable risk.
Top Lawyers for Contributory Negligence in Chennai
Contributory Negligence is a type of defense for the defendant. He can show some negligence on the part of the plaintiff to reduce the compensation amount. Thus, Contributory Negligence is a good defense for the defendants. It is useful against the plaintiffs in cases related to some specific torts.
Contact our law offices to solve Contributory Negligence disputes
Personal injury attorneys in our law office have represented many clients claiming contributory negligence as defense. Leading Senior advocates have drawn landmark compensation and judgment. Our Chennai Lawyers team has worked for famous insurance companies hence they have seen both sides of law.