Contributory Negligence

Contributory Negligence is an Affirmative Defense. In the case of Blackburn v. Dorta, Case::348 So.2d 287 (Fla. 1977), the Florida Supreme Court recognized that the doctrine of Assumption of Risk was merged into the defense of Contributory Negligence.

Contributory Negligence is proven upon a showing that the plaintiff:


 * 1) Acts or fails to act as a reasonable prudent person, and
 * 2) Such conduct proximately contributed to the plaintiff's injury.

W. v. Caterpillar Tractor Co., Inc., Case::336 So.2d 80, 90 (Fla. 1976).

Application to Products Liability Claims
Contributory or comparative negligence is an Affirmative Defense in a product liability action, but must be based upon grounds other than the failure of the plaintiff to discover the defect in the product or the failure of the plaintiff to guard against the possibility of its existence. "The consumer or user is entitled to believe that the product will do the job for which it was built. On the other hand, the consumer, user, or bystander is required to exercise ordinary due care." Caterpillar Tractor Co., Inc., 336 So.2d at 92 (Fla. 1976).