Contributory Negligence

Contributory negligence is the legal doctrine stating that if a plaintiff in a civil case involving negligence was also negligent in any way, they cannot receive any compensation from the defendant.

Even if a person suffered significant injuries primarily as a result of another party’s negligence, contributory negligence principles state that they cannot recover damages from that party.

The Origin of Contributory Negligence

Contributory negligence statutes originated in the common law of England, which stated that, anyone who negligently harms another cannot be held liable if the victim himself was liable in the slightest degree.

In common law England the contributory negligence defense was used most often in cases where workers brought legal suits against their employers for work related injuries or illness. In the United States contributory negligence does not apply to worker related injury cases in any state because of the rules set forth in worker’s compensation statutes.

Contributory Negligence: State-to-State

In terms of other accidents, different states have different laws regarding contributory negligence. Only five states currently have pure contributory negligence statutes which govern compensation eligibility in a civil case where both the plaintiff and the defendant involved in an accident failed to exercise due care.

In these five states any person who is even slightly responsible for an accident cannot seek reparation for their damages.

Comparative Negligence

Most states have adopted a proportional or comparative form of contributory negligence. There are three variations of this alternative to contributory negligence. On the far opposite spectrum from contributory negligence exists what is called pure comparative negligence.

Thirteen states have adopted pure comparative negligence statutes, which state that any person who is not completely at fault in an accident may be eligible to seek compensation for an accident. For example if Jane suffered $10,000 worth of damage in an accident that was 90 percent her fault, she could still recover $1,000 in compensation.

Proportional Contributory Negligence

The remaining states have adopted proportional contributory negligence statutes, which are slightly different from each other’s. These contributory negligence variants determine eligibility for compensation based on a certain degree of fault. Twenty-one states use the 51 percent bar rule which means that if the plaintiff is less than 51 percent responsible for the incident they can recover damages.

Eleven states recognize the 50 percent bar rule, stating that when one party is less than 50 percent responsible, they can seek restitution. In states that have proportional contributory negligence statutes, the amount of compensation is reduced by that person’s percentage of responsibility.

For example in a proportional contributory negligence state, the plaintiff suffers $10,000 worth of damage and is found to be 40 percent responsible. That person will receive $6,000 in compensation. The remaining $4,000 is legally considered her responsibility for her portion of the negligence that caused the accident.

Contact an Attorney

If you would like to learn more about contributory negligence and the laws that apply in your state, please contact us to speak with an experienced attorney in your area.