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The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
Thirteen states follow this approach. The next three options involve the doctrine of joint and several liability: Any of the other defendants can be held responsible for the unpaid share. Fifteen states follow this approach (10 contributory responsibility, five which still follow contributory negligence.
Contributory negligence: The English case Butterfield v. Forrester (1809) established this defence. In England, this "contributory negligence" became a partial defence, but in the United States, any fault by the victim eliminated any damages. [44] This meant that if the plaintiff was 1% at fault, the victim would lose the entire lawsuit. [44]
Prior to compensation laws, the United States dealt with employee injuries entirely through litigation. The law made an "unholy trinity" of tort defenses available to employers, including contributory negligence, assumption of risk, and the fellow servant rule. [7]
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
If a state follows the doctrine of contributory negligence, the auditor may eliminate their liability to the client based on contributory negligence by the client. Many states do not follow this doctrine. [7] Most states permit a jury to assess the fault and apply the correct percentage of fault to the parties involved.
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
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