Las Vegas Personal Injury Lawyer

Contributory Negligence

One of the most common defenses to a negligence case is to claim that the victim was in some way responsible for causing their own injury, and thus the defendant should not be responsible for any damages. For example, if the plaintiff runs into the middle of the street without looking and is struck by a car, the defendant could argue that the plaintiff was the one responsible for injuries.

If successful, it can serve as an absolute defense to a claim of negligence. That is, if the defendant successfully proves that the plaintiff was responsible, the defendant may owe no damages. Although this serves as protection against frivolous lawsuits, it can also deny victims of their just compensation. If you have been the victim of an injury as a result of someone else's negligence and that person attempts to claim that you were responsible for the injury, it is important to contact an experienced personal injury lawyer as soon as possible.

Many states adopt a modified form of contributory negligence, as most cases are rarely as simple as the example given. In many negligence cases, both parties can be partially responsible. For example, a pedestrian negligently walks into the middle of the street without looking, but a driver is negligently sending a text message and not keeping an eye on the road; the driver hits the pedestrian, a negligence suit is filed, and both sides point the finger at the other.

In states with a modified form of contributive negligence, the claim is dropped only if the plaintiff was more than a certain percentage responsible for their injuries, typically 50%. Thus, if a judge or jury found that a plaintiff was 75% percent responsible for their own injuries, the case would be dropped, but not if they were found to be 25% responsible.

Because these statutes differ from state to state, if you have been injured as a result of someone else's negligence, you should contact a personal injury lawyer as soon as possible who can aid you in defending your case. Contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. at 702-888-2222.