15.63 Elements of Defense: Contributory Negligence is a type of legal defense used in personal injury cases, where the defendant argues that the victim was partially at fault for their own injuries. This type of defense can be used to reduce the amount of damages that the defendant must pay to the plaintiff. It is based on the legal principle of comparative negligence, which states that each party should bear responsibility for their own actions and decisions. There are two types of Contributory Negligence. The first is "Primary Contributory Negligence," which is when the plaintiff's negligence was the primary cause of the accident. The second is "Secondary Contributory Negligence," which is when the plaintiff's negligence was a contributing factor to the accident, but not the primary cause. In a personal injury case, the defendant may use Contributory Negligence as a defense by arguing that the plaintiff's negligence contributed to their own injury. It is important to note that Contributory Negligence is not a complete defense; if it can be shown that the defendant was also negligent in some capacity, then the court may still award damages to the plaintiff.