What is contributory negligence?

Contributory negligence is a legal concept that is used in determining responsibility for accidents or injuries. It can affect the ability of an injured person to receive compensation for their injuries. In South Carolina, it is a defense used in product liability cases involving dangerous products. When contributory negligence is used as a defense, the defendant (the producer of the dangerous product) argues that the injured person contributed to their own injuries by not taking reasonable steps to avoid injury. For example, if a product is obviously dangerous and clearly labeled as such, the injured party could not argue that they were unaware of the risks and therefore assumed no responsibility for taking safety precautions. The concept of contributory negligence serves to protect the defendant from being held fully liable when the injured party was partially responsible for their own injuries. The court will take into account a variety of factors including the degree of danger posed by the defective product, as well as the knowledge and behavior of the injured person in deciding how much responsibility to assign for an injury. Ultimately, if contributory negligence is invoked as a defense in a product liability case in South Carolina, it could reduce or bar the award of damages to the plaintiff. Therefore, it is important for those injured by a dangerous product to work with an experienced attorney to assess the product and the circumstances of the injury in order to make sure they are not unfairly excluded from receiving compensation.

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What is contributory negligence?

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