4. Contributory Negligence

Reduction of damages in quasi-delict cases

In quasi-delict, the contributory negligence of the plaintiff shall reduce the damages he may recover. (NCC, Art. 2214)

Doctrine of Comparative Negligence

The negligence of both the plaintiff and the defendant are compared for the purpose of reaching an equitable apportionment of their respective liabilities for the damages caused and suffered by the plaintiff.

The relative degree of negligence of the parties is considered in determining whether, and to what degree, either should be responsible for his negligence (apportionment of damages).

NOTE: Under Civil Code Articles 2179 and 2214, if the plaintiff's negligence was the immediate and proximate cause of the injury, the plaintiff cannot recover. If it was merely contributory and the defendant's lack of due care was the immediate and proximate cause, the plaintiff may recover, but the court shall mitigate the damages awarded.

Effects of contributory negligence of the obligee

• General rule: Reduces or mitigates the damages which he can recover.
• Exception: If the negligent act or omission of the creditor is the proximate cause of the event, which led to the damage or injury complained of, he cannot recover. (CIVIL CODE, art. 2179)