Longman Dictionary of Contemporary English
The Collaborative International Dictionary
Negligence \Neg"li*gence\, n. [F. n['e]gligence, L. negligentia.] The quality or state of being negligent; lack of due diligence or care; omission of duty; habitual neglect; heedlessness.
2. An act or instance of negligence or carelessness.
remarking his beauties, . . . I must also point out
his negligences and defects.
--Blair.
3. (Law) The omission of the care usual under the circumstances, being convertible with the Roman culpa. A specialist is bound to higher skill and diligence in his specialty than one who is not a specialist, and liability for negligence varies acordingly.
Contributory negligence. See under Contributory.
Syn: Neglect; inattention; heedlessness; disregard; slight.
Usage: Negligence, Neglect. These two words are freely interchanged in our older writers; but a distinction has gradually sprung up between them. As now generally used, negligence is the habit, and neglect the act, of leaving things undone or unattended to. We are negligent as a general trait of character; we are guilty of neglect in particular cases, or in reference to individuals who had a right to our attentions.
Contributory \Con*trib"u*to*ry\, a.
Contributing to the same stock or purpose; promoting the same
end; bringing assistance to some joint design, or increase to
some common stock; contributive.
--Milton.
Bonfires of contributory wood.
--Chapman.
Contributory negligence (Law), negligence by an injured
party, which combines with the negligence of the injurer
in producing the injury, and which bars recovery when it
is the proximate cause of the injury.
--Wharton.
Wiktionary
n. (context legal English) The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a possible bar to a complete recovery.
WordNet
n. (law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; in common law any degree of contributory negligence would bar the plaintiff from collecting damages
Wikipedia
Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/ claimants have, through their own negligence, contributed to the harm they suffered. It can also be applied by the court in a tort matter irrespective of whether it was pleaded as a defense.
For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Since the pedestrian has also contributed to the accident, they may be barred from complete and full recovery of damages from the driver (or their insurer) because the accident was less likely to occur if it weren't for their failure to keep a proper lookout. Another example of contributory negligence is where a plaintiff actively disregards warnings or fails to take reasonable steps for his or her safety, then assumes a certain level of risk in a given activity; such as diving in shallow water without checking the depth first.
In some jurisdictions, the doctrine states that a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely. This is known as pure contributory negligence. In the United States, the pure contributory negligence only applies in Alabama, the District of Columbia, Maryland, North Carolina, and Virginia. Indiana applies pure contributory negligence to medical malpractice cases and tort claims against the state government. In the other 45 states in the U.S., plaintiff's recovery is simply diminished by the extent to which he or she contributed to the harm: this doctrine is known as comparative negligence.
In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. It does however allow for a reduction in damages recoverable to the extent that the court sees fit. In India compensation in favour of victim gets reduced in proportion with his negligence.
In Australia, particularly New South Wales, the award of damages is reduced by the same percentage as the plaintiff's own negligence. For example, if the plaintiff was 50% negligent in causing his or her own accident, but would otherwise be entitled to $100,000 in damages, a court will award only $50,000. A court may also find that 100% contributory negligence is applicable in which case the plaintiff is not entitled to any damages. Determining the extent of the contributory negligence is subjective and heavily dependent on the evidence available. Parties will often work to negotiate a mutually satisfactory percentage figure when engaging in alternative dispute resolution (such as mediation). If the matter does not settle, a percentage figure is ultimately assigned by the court at the hearing.
Usage examples of "contributory negligence".
You are here instructed to dismiss the latter's claim on the grounds of contributory negligence on her part, in the assumption of risk in providing her consent as evidenced at the time by 'her tearful gratitude that her son had been baptized and entered the waiting arms of the Lord in a state of grace,' and on the further grounds of her remarriages since the event, reclaiming her name as the boy's mother for the sole purpose of participating in this action.
An outgoing personality and a trusting nature would be filed as contributory negligence on an NYPD homicide sheet.
He said leaving the keys in the panel was contributory negligence.
And in some ways I felt responsible for her present condition, through a kind of contributory negligence.
The guaranties do not apply to provocation and contributory negligence.
I could understand the conductor's position, and beside, in the law, I had been guilty myself of contributory negligence.
He tried the bell one more time, then adinitted to himself that he wouldn't open his door to someone of his current appearance, with the phrase 'contributory negligence' still large in the public mind.