The Role Of Contributory Negligence In Arkansas Personal Injury Cases

Introduction

In Arkansas personal injury cases, contributory negligence plays a vital role in determining the outcome of lawsuits. Contributory negligence refers to the degree of fault by the victim in a case.

Definition

Contributory negligence involves the degree of negligence or carelessness displayed by the plaintiff. In personal injury cases, the plaintiff is usually the person injured, while the defendant is the person or organization being sued.

Types of Contributory Negligence

In Arkansas personal injury cases, there are two types of contributory negligence: comparative negligence and pure contributory negligence.

Comparative Negligence

In Arkansas, comparative negligence is the most commonly used type of contributory negligence. This means that the court will compare the degree of fault between the plaintiff and defendant.

In comparative negligence, the plaintiff can receive a portion of the damages awarded in the case. The percentage of damages the plaintiff receives will depend on the degree of fault as determined by the court.

For example, if the court finds that the plaintiff was 10% at fault for the injury, they may receive 90% of the damages awarded.

Pure Contributory Negligence

The pure contributory negligence rule is used in some states, including Arkansas. This rule states that if the plaintiff is found to be even 1% at fault for the injury, they cannot receive damages.

Role of Contributory Negligence in Personal Injury Cases

Contributory negligence plays a role in several aspects of personal injury cases, including determining fault and determining damages.

Determining Fault

In personal injury cases, the court will determine who is at fault for the injury. Contributory negligence may be used to assign a percentage of fault to the plaintiff.

For example, if the plaintiff was texting while driving and got into an accident, the court may find that they were 20% at fault. This means that the plaintiff may only receive 80% of the damages.

Determining Damages

Contributory negligence also plays a role in determining the damages the plaintiff receives. In comparative negligence, the plaintiff may receive a reduced amount of damages based on their percentage of fault.

For example, if the plaintiff was found to be 25% at fault for the injury, they may only receive 75% of the damages awarded.

Defense Strategy

Contributory negligence may also be used as a defense strategy in personal injury cases. The defendant may argue that the plaintiff was at fault and contributed to their own injury.

If the court agrees, the plaintiff may receive a reduced amount of damages or no damages at all.

Conclusion

In Arkansas personal injury cases, contributory negligence is an essential concept for determining fault and damages. Understanding the different types of contributory negligence and their roles in personal injury cases can help plaintiffs and defendants prepare their case and determine what damages they may receive.

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