What Is Contributory Negligence, and How Does It Affect a Claim?

Contributory negligence is a legal doctrine used as a defense in personal injury or tort cases, where the defendant argues that the plaintiff’s own negligence contributed to the harm they suffered. In jurisdictions that follow contributory negligence rules, if the plaintiff is found to be even slightly at fault for the incident, they may be completely barred from recovering any damages from the defendant, regardless of how much the defendant’s actions contributed to the injury.

This is in contrast to other negligence doctrines, like comparative negligence, where a plaintiff’s damages may be reduced based on their degree of fault.

How Contributory Negligence Affects a Claim

If contributory negligence is proven, it can significantly reduce or even eliminate the plaintiff's ability to recover damages. The key impact of contributory negligence is:

• Complete Bar to Recovery: In jurisdictions that adhere strictly to contributory negligence, even if the defendant is overwhelmingly at fault for the injury, if the plaintiff is found to have contributed in any way, they may lose their entire case and receive no compensation for their injuries.

For example, if a plaintiff is involved in a car accident caused by a defendant running a red light, but the plaintiff was speeding at the time of the accident, the court may find that the plaintiff’s speeding contributed to the accident. Under contributory negligence rules, the plaintiff may be barred from recovering damages altogether, even if the defendant was primarily at fault.

Key Elements of Contributory Negligence

For contributory negligence to apply, the defendant must establish that:

• The plaintiff failed to exercise reasonable care in the situation.
• The plaintiff’s actions contributed to the harm or injury they suffered.

In some cases, even a small amount of fault by the plaintiff (e.g., jaywalking or failing to wear a seatbelt) could prevent them from receiving compensation if the jurisdiction follows contributory negligence laws.

Jurisdictions and the Doctrine of Contributory Negligence

Not all jurisdictions follow the contributory negligence rule. In fact, many states and countries have shifted to comparative negligence systems, where damages are reduced in proportion to the plaintiff’s degree of fault, but the plaintiff can still recover some compensation even if they were partially at fault.

• Contributory Negligence States (e.g., Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.): In these states, if the plaintiff is found to be even 1% at fault for the accident, they are barred from recovering damages.
• Comparative Negligence States: In contrast, in states with comparative negligence, the plaintiff’s fault only reduces the amount of damages they are entitled to. For example, if the plaintiff is found to be 30% at fault, they may still recover 70% of the total damages.

Example

Imagine a situation where a person slips and falls in a grocery store because the store owner failed to clean up a spill in the aisle. However, the plaintiff was texting on their phone and not paying attention when they slipped. The defendant argues contributory negligence, stating that the plaintiff's distraction contributed to the fall.

In a contributory negligence jurisdiction, if the court finds that the plaintiff's failure to pay attention contributed in any way to the fall, the plaintiff could be completely barred from recovering any damages, even though the store owner was also negligent in failing to clean up the spill.

In a comparative negligence jurisdiction, the court might find that the plaintiff is 20% responsible for the fall due to texting, and the store is 80% responsible for not cleaning up the spill. The plaintiff would still be entitled to 80% of the damages, but it would be reduced by their own share of the fault.

Impact on Claims

• Plaintiff's Burden: In contributory negligence cases, the plaintiff must take extra care to prove that they were not at fault, or if they were, that their negligence was not significant enough to bar their recovery.
• Defendant's Defense: Defendants may use contributory negligence as a powerful defense, especially in cases where the plaintiff's actions, even if minor, contributed to the incident.

Conclusion

Contributory negligence can have a severe impact on a personal injury claim. In jurisdictions where this doctrine applies, even a small amount of fault on the plaintiff’s part can completely bar them from recovering damages. This makes it a critical issue for plaintiffs to consider in cases involving shared fault. However, many jurisdictions have adopted comparative negligence rules, which offer a more balanced approach by allowing plaintiffs to recover damages even if they are partially at fault.