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Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered. It can also be applied by the court in a tort matter irrespective of whether it was pleaded as a defense. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Since the pedestrian has also contributed to the accident, they may be barred from complete and full recovery of damages from the driver (or their insurer) because the accident was less likely to occur if it weren't for their failure to keep a proper lookout. Another example of contributory negligence is where a plaintiff actively disregards warnings or fails to take reasonable steps for his or her safety, then assumes a certain level of risk in a given activity; such as diving in shallow water without checking the depth first. In some jurisdictions, the doctrine states that a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely. This is known as pure contributory negligence.〔Little WBL. (2007). (“It is Much Easier to Find Fault With Others, Than to be Faultless Ourselves”: Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability ). ''Campbell Law Review''.〕 In the United States, the pure contributory negligence only applies in Alabama, the District of Columbia, North Carolina, and Virginia. Indiana applies pure contributory negligence to medical malpractice cases and tort claims against the state government. In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. It does however allow for a reduction in damages recoverable to the extent that the court sees fit.〔. ("Law Reform (Contributory Negligence) Act 1945" ).〕 In India compensation in favour of victim gets reduced in proportion with his negligence. In Australia, particularly New South Wales, the award of damages is reduced by the same percentage as the plaintiff's own negligence.〔Civil Liability Act 2002 (NSW), Part 1A, Division 8〕 For example, if the plaintiff was 50% negligent in causing his or her own accident, but would otherwise be entitled to $100,000 in damages, a court will award only $50,000. A court may also find that 100% contributory negligence is applicable in which case the plaintiff is not entitled to any damages.〔Civil Liability Act 2002 (NSW), section 5S〕 Determining the extent of the contributory negligence is subjective and heavily dependent on the evidence available. Parties will often work to negotiate a mutually satisfactory percentage figure when engaging in alternative dispute resolution (such as mediation). If the matter does not settle, a percentage figure is ultimately assigned by the court at the hearing. ==Burden of proof== In some jurisdictions, the defendant has to prove the negligence of a plaintiff or claimant. In others, the burden of proof is on a plaintiff to disprove his or her own negligence. Even if the plaintiff was negligent, the tortfeasor may still be held liable, if he or she had the last clear chance to prevent the injury. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Contributory negligence」の詳細全文を読む スポンサード リンク
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