contributory vs. comparative negligence 00:14 Nov 24, 2011
I would probably say that "there is no negligence on the part of the [description of the "egen" party]" to get around the legal problem with contributory negligence being a bar to recovery (in some jurisdictions). The "egen" party could be a policy holder, the person injured, claimant, plaintiff etc depending on the circumstances. Comparative negligence is another possibility, but you are again into legal issues relating to how negligence itself is weighed. |