was less likely to occur if it hadn't been for their failure to keep a proper lookout.

Example 2: 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.

Pleading requirements

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. But in some jurisdictions it may be applied by the court in a tort

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