What is the difference between negligence and contributory negligence?

Negligence and contributory negligence are two very distinct yet related concepts in Slip and Fall Law in South Dakota. In general, negligence occurs when a person acts in a way that endangers the safety of another, either through an act or an omission. In South Dakota, a plaintiff may pursue a Slip and Fall Lawsuit if they can prove that the defendant was negligent in their actions and that the defendant’s negligence caused the plaintiff harm. On the other hand, contributory negligence is a legal defense that may be used by a defendant in a Slip and Fall Lawsuit. This defense is used to argue that the plaintiff was partially responsible for the accident and the resulting injuries. Contributory negligence can be used to reduce the defendant’s liability or even completely absolve them of negligence. In South Dakota, contributory negligence is admitted as a defense in a Slip and Fall Lawsuit only if the plaintiff’s actions can be proved to have been the direct cause of the accident and resulting harm. Therefore, in Slip and Fall Law in South Dakota, negligence is a basis for a plaintiff to bring a lawsuit against a defendant, while contributory negligence is a defense used by a defendant to reduce their liability for the incident. Negligence focuses on the actions of the defendant, while contributory negligence focuses on the actions of the plaintiff.

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