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.

When retained, imputed contributory negligence generally follows the both-ways test.

Both-Ways Test

The both-ways test states that contributory negligence must be imputed if ordinary negligence would have been, and vice versa.

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.