LAW 512-001 – Torts II
Imputed Contributory Negligence
Some jurisdictions allow contributory negligence to be imputed to a party for the negligent acts of another.
The majority rejects imputed contributory negligence.
While largely rejected, contributory negligence is still generally imputed on an employer for the negligent actions of its employee.
When a claim is held to be derivative in nature, such as loss of consortium or wrongful death, the contributory negligence of an injured party will still be imputed to the plaintiff, barring or reducing his claims.