The Puzzling Doctrine of Contributory Negligence

Simons, Kenneth W.

Journal: Cardozo Law Review

Volume: 16

First Page: 1693

Year: 1995

Bluebook Citation: 16 CARDOZO L. REV. 1693 (1995)

Author: Kenneth W. Simons: all 16 publications


Abstract

Peter, a pedestrian, negligently crosses a street without carefully checking the vehicular traffic. Doris, a motorist, negligently speeds and strikes Peter, causing him injuries. In Anglo-American jurisdictions, Peter's recovery against Doris will likely be reduced, if not eliminated, under the doctrine of contributory (or comparative) negligence. And it might seem obvious that a plaintiff who is "at fault" should not fully recover against a tortious defendant.

But the grounds for that conclusion are not at all obvious, once one considers the following problems.

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