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As with other torts, the violation of the duty must be the proximate cause of an injury, such as personal injury and property damage.
1_________________________. Every person was supposed to use proper care to avoid injury. 2___________________________.
Many injustices have arisen because of the harshness of the contributory negligence rule. 3___________________________. Most states have substituted comparative negligence for contributory negligence. Comparative negligence applies when a plaintiff in a negligence action is partially at fault. 4__________________________.
But sometimes a plaintiff could not recover for loss caused by another’s negligence if the plaintiff’s own negligence contributed along with the negligence of the defendant in causing the injury.
Failure to do so was contributory negligence.
The rule sometimes results in the plaintiff’s recovering nothing even when the plaintiff’s own negligence was minimal.
Instead of being able to recover nothing, the plaintiff is awarded damages that are reduced in proportion to the extent of the plaintiff’s own negligence.
