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

In a swimming pool accident case in Nevada, contributory negligence and comparative negligence are two legal theories that may determine a plaintiff’s eligibility for compensation. Contributory negligence is a theory that holds that if the plaintiff is found to have contributed in any way to the accident, they cannot collect damages. For example, if a plaintiff ignores posted warnings and safety signs, attempts to swim in a pool beyond their abilities, or dives into a shallow pool, they will be held responsible for any resulting injuries. As a result, they won’t be able to get compensation. On the other hand, comparative negligence is a theory that accepts some degree of responsibility for an accident or injury on the part of the plaintiff. As long as the plaintiff is found to be less than 51% responsible for the accident, they can still receive compensation for their injuries, though the amount will be decreased in proportion to their degree of negligence. In a swimming pool accident case, this means a plaintiff can still receive damages if they follow safety guidelines but are found to have neglected some measure of caution.

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