What is the difference between contributory and comparative negligence in a swimming pool accident case?

In Mississippi, the legal distinction between contributory negligence and comparative negligence plays a key role in determining liability in cases of swimming pool accidents. Contributory negligence is a legal defense that is used when an injured party has acted in some way that has contributed to their own injury. Mississippi is one of four states in the US to enforce the doctrine of contributory negligence, which states that if the injured party was in any way at fault for their injury, then they cannot receive compensation for their damages. Comparative negligence, on the other hand, does not deny victims the opportunity to recover compensation if they were partially at fault for the incident. Instead, the court considers the comparative fault of all parties involved in the incident and adjusts the award of damages accordingly. It works on a system of percentages, with each party assigned a percentage of fault. The amount of damages awarded to the victim is then decreased by a certain percentage to reflect their share of the fault. In summary, contributory negligence holds that the injured party is 100% at fault and so cannot recover damages, whereas comparative negligence acknowledges the fault of the defendants and adjusts the damages award accordingly. Ultimately, this means that while contributory negligence is an all-or-nothing approach, comparative negligence allows injured parties to receive some compensation even if they were partially at fault.

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What is the difference between contributory and comparative negligence in a swimming pool accident case?

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