Key point 10-16.01. Under the principle of comparative negligence, a church is liable only to the extent of its percentage share of fault for an accident or injury.
Contributory negligence is conduct on the part of a person injured through the negligence of another that itself falls below the standard to which a reasonable person would conform for his or her own safety and protection. Historically, the contributory negligence of an accident victim operated as a complete defense to negligence. Accordingly, accident victims who themselves were negligent could be denied any damages. To illustrate, a woman who was injured when she fell down the back stairway of a church while carrying a large ice chest was denied any monetary damages on the basis of her own contributory negligence. Richard v. Church Insurance Company, 538 So.2d 658 (La. App. 1989). The court concluded that the member "loses ...
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