It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person If the injured person is even 1% at fault in a way that significantly contributes to cause the injury, the injured person loses…

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Contributory Negligence: A Trap for the Unwary Claimant