Who determines the defense of contributory negligence in a legal case?

In a legal case, the determination of contributory negligence is made by the jury. Contributory negligence serves as a defense that argues that the plaintiff's own negligence contributed to the harm they suffered. This is a question of fact that requires evaluating the specific circumstances surrounding the incident, including the behavior of both the plaintiff and the defendant.

The jury is responsible for weighing evidence, examining witness testimonies, and determining the degree to which each party's actions contributed to the outcome of the case. This assessment often involves making judgments about the reasonableness of the parties' behaviors and whether the plaintiff acted with the care that a reasonable person would under similar circumstances.

The role of the judge, while critical in overseeing the legal proceedings and providing instructions on the law, does not extend to deciding factual issues like contributory negligence; that’s reserved for the jury. Similarly, while lawyers and defense attorneys play pivotal roles in presenting the case and arguing the points, they do not have the authority to make determinations of fact. Instead, they advocate on behalf of their clients, which ultimately informs the jury's decision-making process.