Q: What is contributory negligence?
A: Contributory negligence is a defense to negligence where by a defendant alleges that the plaintiff’s actions created an unreasonable risk to his or her own safety. When a plaintiff acts unreasonably to contribute to his or her injury, that plaintiff may be found wholly or partially responsible for the injury, even though the defendant may have been the actual cause of the plaintiff’s injury.
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A: This is a doctrine which is no longer in effect in New York (it was repealed in 1975) which holds that if a plaintiff is even 1% at fault for his or her own accident, they cannot recover any damages for their injuries.
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