What is Contributory Negligence/Comparative Fault?
Contributory negligence is similar to the above analysis involving negligence…. but from the perspective of the victim. If the victim contributes to their own injury the value of their claim is reduced accordingly. For example…. a passenger who knowingly gets into a vehicle with a drunk driver will be partially responsible for their injuries. Will the value of a passengers claim be affected if they failed to wear a seatbelt? It depends…. whether the seatbelt would have prevented or reduced the passengers injuries. A seatbelt defense is a very common defense argued by insurance companies.
