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ARTICLE · 21 MARCH 2023

What is contributory negligence?

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Legal matters pertaining to contributory negligence. Each state & territory have different regulations.

AustraliaLitigation, Mediation & Arbitration
John Bui
John Bui
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Contributory negligence (or comparative negligence) arises when an injured person's lack of care contributed to the harm or injury they suffered. The defendant can claim this as a full or a partial defence. If the court finds that a plaintiff was contributorily negligent, this can reduce or eliminate the defendant's liability for the plaintiff's injury.

Each of the States and Territories in Australia have different regulations on negligence. The Civil Liability Act 2002 governs negligence claims in NSW. This article discusses legal matters pertaining to contributory negligence.

What Does Contributory Negligence Mean Under the Law?

Generally, negligence occurs when a person fails to do something leading to injury, damage or loss to another person.

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