Contributory Negligence: Case Study

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57 Am. Jur. 2d Negligence § 798 (2014) Contributory negligence is defined as the injured party that can be partly responsible for the part they played in the incident. This means that the injured person should not recover damages when it appeared that the incident could have been avoided” but for” the plaintiff’s behavior. The plaintiff should not ask for others to exercise more care than he would from himself. Reasonable care is judged on the standard of that of ordinary reasonable person would exercise in a similar situation. Mitch Koczerginski, Who Is at Fault When a Concussed Athlete Returns to Action?, 47 Val. U. L. Rev. 63 (2012). This article discusses the aspects of professional athletes who conceal or downplay the severity of their injuries in order to continue to play in a game; often motivated by the fear of being replaced or financial reasons. The team’s doctors, managers, and coaches were being held responsible for continuing to allow the players to stay in the game, which caused further injury to the player. The player would lie to the team doctors in order to remain in the good graces of the coach and management. Jurisdictions have adopted comparative negligence which assumes some of…show more content…
This law changed the common rule of “all or nothing.” Comparative fault is aimed at a comparison of the fault of the plaintiff with the fault of the defendant. Comparative fault will apply and allow recovery only when the plaintiff's fault is less than the fault of all persons whose accountability proximately contributed to the plaintiff's injuries. The Act also bars the claimant's recovery if the claimant's fault is greater than fifty percent (50%) of the total fault. This Act gave a greater aspect of the 1983 version in which it more defines the term “fault” includes any act or omission to a negligent, willful, or reckless action toward a person or property of

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