Defenses and Affirmative Defenses
Liability Defenses
Under the traditional rule, any negligence by the plaintiff contributing to the harm defeats recovery completely. Only a small number of jurisdictions retain it, most having adopted comparative fault.
Last clear chance is the principal exception.
Alternative Names:
Pure Contributory Negligence, Contributory Fault
Why it Matters?
In the few remaining contributory negligence jurisdictions the defense is dispositive rather than reductive, which makes even modest plaintiff fault a complete bar and shifts case value dramatically. That produces forum significance beyond the usual venue considerations. Last clear chance is the doctrine plaintiffs use to escape it, arguing the defendant had the final opportunity to avoid the harm despite the plaintiff's negligence.
Frequently Confused with
Related terms
Frequently asked questions
Where does contributory negligence still apply?
What is last clear chance?
