A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina and Virginia. The District of Columbia largely follows the contributory negligence model, but with exceptions for motor vehicle accidents involving pedestrians and bicycles.
In North Carolina, the doctrine of contributory negligence essentially bars an injured party from receiving recovery if the damages suffered are partially their own fault. North Carolina is one of only four states to still follow this old common law principle.
South Carolina is one of the many states that follow the comparative negligence doctrine. In this system, a plaintiff's total award may be reduced if he or she was partly at fault for the injury.
North Carolina is one of only four states that has a strict contributory negligence standard. Under this law, plaintiffs are prohibited from recovering compensation for their injuries if they bear any responsibility for what happened.
North Carolina is one of only four states that continues to adhere to the contributory negligence doctrine. The contributory negligence doctrine provides that a plaintiff who is injured by a defendant whose negligence is a proximate cause of the plaintiff's.
Once a plaintiff has demonstrated this, a defendant can claim contributory negligence as a defense to avoid liability. The defense must show the plaintiff didn't act reasonably under the circumstances and that this contributed in causing the accident. This is called the reasonable person standard.
In order to rely on the defense of contributory negligence, the defendant must prove that (1) the plaintiff 's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff 's failure was a contributing cause of the plaintiff 's injury.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.
