Contributory Negligence

News & Analysis as of

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit

Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent....more

Contributory negligence assessment increased for pedestrian

In the Nominal Defendant v Ross [2014] NSWCA 212, the NSW Court of Appeal increased the contributory negligence assessment, reducing the Respondent’s award of damages from $328,000 to $266,939. The basis for this decision was...more

Top 7 Defenses for Product Liability Lawsuits in North Carolina

North Carolina law provides for a variety of affirmative defenses for manufacturers and sellers in product liability actions. The legislature has codified many of these defenses in the North Carolina Product Liability Act...more

Maryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the...

Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory...more

Contributory Negligence Fights Off Extinction Yet Again

Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more

Injured in an Accident? Did You Do Anything to Cause the Accident? Then, $0 For You In Maryland!

Maryland’s highest court, the Court of Appeals, has ruled that if you contribute to your claimed injuries, even if the other party is primarily at fault, then you cannot recover damages for your injuries. This doctrine,...more

Top 7 Reasons Seatbelt Nonuse Should be Admissible in Civil Cases

The current law in North Carolina is that evidence of failing to wear a seatbelt is inadmissible in any civil trial in NC. NCGS § 20-135.2A(d)....more

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