Example 2: Another example of contributory negligence is where a plaintiff actively disregards warnings or fails to take reasonable steps for his or her safety, such as diving in shallow water without checking the depth first.
In some jurisdictions, such as United States federal courts, contributory negligence must be pleaded in the defendant's answer to the complaint as an affirmative defense.
[7] In Australia, civil liability is governed by the Australian common law and the relevant statutes of the States and Territories.
Parties will often work to negotiate a mutually satisfactory percentage figure when engaging in alternative dispute resolution (such as mediation).
[11] In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina and Virginia.
The District of Columbia largely follows the contributory negligence model, but with exceptions for motor vehicle accidents involving pedestrians and bicycles.
[12] Indiana applies pure contributory negligence to medical malpractice cases and tort claims against governmental entities.