What is Contributory Negligence?
In Ontario, contributory negligence refers to a situation where the plaintiff (the person bringing the lawsuit) is found to have contributed to their own injury or damages through their own negligence. This doesn’t prevent them from recovering damages, but it can reduce the amount they receive based on their degree of fault12.
For example, if someone is injured in a car accident but was not wearing a seatbelt, the court might find them partially responsible for their injuries. If the court determines they were 20% at fault, their compensation would be reduced by 20%1.
On the other hand, negligence in general is a broader concept. It involves proving that one party (the defendant) owed a duty of care to the plaintiff, breached that duty, and caused damages as a result. The plaintiff must show that the defendant’s actions were the primary cause of their injury or loss12.
In summary:
Negligence: Focuses on the defendant’s failure to exercise reasonable care, leading to the plaintiff’s injury.
Contributory Negligence: Considers the plaintiff’s own role in contributing to their injury, which can reduce their compensation12.
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Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.