What is contributory negligence?

Contributory negligence is a legal concept used in accident law in Delaware. It is a type of defense used by a defendant when someone sues them for an accident or injury. The defendant can argue that the plaintiff is partially at fault for the accident or injury. Basically, contributory negligence refers to the idea that a person who is injured in an accident may be partially at blame for their own injury. If the defendant can show that the plaintiff’s own negligence contributed to the accident or injury, then the defendant may not be held liable. In Delaware, contributory negligence is an “all or nothing” defense. This means that if the defendant can show that the plaintiff was even 1% at fault for the accident or injury, the plaintiff cannot collect compensation from the defendant. In other words, contributory negligence is a way for a defendant to avoid paying compensation for an accident or injury, even when they are mostly to blame. This concept is used in accident law in Delaware and many other states.

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