The Puzzling Doctrine of Contributory Negligence

Authors

Kenneth W. Simons, Boston University School of Law

Abstract

Peter, a pedestrian, negligently crosses a street without carefully checking the vehicular traffic. Doris, a motorist, negligently speeds and strikes Peter, causing him injuries.

In Anglo-American jurisdictions, Peter's recovery against Doris will likely be reduced, if not eliminated, under the doctrine of contributory (or comparative) negligence. And it might seem obvious that a plaintiff who is "at fault" should not fully recover against a tortious defendant. But the grounds for that conclusion are not at all obvious, once one considers the following problems.

Keywords

Contributory Negligence, Torts, Negligence

Disciplines

Law | Torts

Recommended Citation

Kenneth W. Simons, The Puzzling Doctrine of Contributory Negligence, 16 Cardozo L. Rev. 1693 (1995).
Available at: https://larc.cardozo.yu.edu/clr/vol16/iss5/9