What is the concept of Contributory Negligence? | 4 August 2024

When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the court shall mitigate the damages to be awarded. (Article 2179, Civil Code of the Philippines)

When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the court shall mitigate the damages to be awarded. (Article 2179, Civil Code of the Philippines)

In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. (Article 2214, Civil Code of the Philippines)

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