Contributory negligence (Art. 2179, NCC)
Article 2179 of the Civil Code reads:
Verily, contributory negligence is conduct on the part of the injured party,
contributing as a legal cause to the harm he has suffered, which falls below
the standard to which he is required to conform for his own protection.[1]
Art. 2179. When the plaintiffs own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.
Verily, contributory negligence is conduct on the part of the injured party,
contributing as a legal cause to the harm he has suffered, which falls below
the standard to which he is required to conform for his own protection.[1]
[1] Allied Banking Corporation v. Bank of the Philippine Islands, G.R. No. 188363, February 27, 2013, 692 SCRA 186, 201, citing Philippine National Bank v. Cheah Chee Chong, G.R. Nos. 170865 & 170892, April 25, 2012.
