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Defenses To Negligence in a Personal Injury Case in Houston Texas

If you were in a car accident or injured in Houston Texas or any Texas county the Rule of Contriburity Negligence may apply to your case. The contributory negligence rule states that you can’t hold anyone else responsible for it if you contribute to your own injury. In a pure contributory negligence system, if you’re even 1% at fault, you can’t collect any compensation from the person who’s 99% at fault. Even if you suffer hundreds of thousands of dollars in damages, if you’re found to have been negligent—even a little bit—you get nothing.

This is under common-law, and is a centuries-old rule, but it remains in a handful of states.

Have you or a loved one recently experienced a physical injury, illness, or significant economic loss due to the negligence of another party? This is a personal injury, and you have the right to pursue compensation for your losses under Texas civil law. However, navigating a personal injury claim can be incredibly difficult without reliable legal counsel from a trustworthy and experienced Houston personal injury attorney.

1. Contributory Negligence

a. Standard of Care for Contributory Negligence

1) General Rule: The required standard of care is the same as that of ordinary negligence.

2) A plaintiff may take extraordinary risks when attempting a rescue without being considered contributorily negligent. The emergency situation is one of the factors taken into account when evaluating the plaintiff’s conduct.

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3) Remaining in Danger It may be contributorily negligent in failing to remove oneself from danger, e. g., remaining in a car with a drunk driver.

4) His violation of a statute may establish a violation of Statute by Plaintiff’s contributory negligence under the same rules that govern whether a statute can establish the defendant’s negligence (see B. 3. e., supra).

5) As a Defense to Violation of Statute by Defendant, Contributory negligence is ordinarily a defense to negligence proved by the defendant’s violation of an applicable statute. But where the defendant’s negligence arose from a violation of a statute designed to protect this particular class of plaintiffs from their own incapacity and lack of judgment, then the plaintiff’s contributory negligence is not a defense.

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b. Avoidable Consequences Distinguished As we have seen, the plaintiff owes a duty to mitigate damages to a person or property after the damage is inflicted. If he does not properly do this, then damages will be reduced.

c. No Defense to Intentional Torts Contributory negligence is never a defense to an action for an intentional tort or willful or wanton misconduct d. Effect of Contributory Negligence

d. At common law, the plaintiff’s contributory negligence completely barred his right to recover. This was so even though the degree of the defendant’s negligence was much greater than that of the plaintiff. The severe consequences of strict application of contributory negligence rules initially caused courts to develop “escape” doctrines, such as the last clear chance. More recently, however, most jurisdictions have rejected the “all or nothing” approach of contributory negligence in favor of a comparative negligence system entirely.

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