Contributory Negligence in California
State-specific overview · Tort Law
California uses pure comparative negligence: plaintiffs recover reduced damages regardless of fault percentage.
How California treats Contributory Negligence
California allows plaintiffs to recover damages even if they are 99% at fault; recovery is simply reduced by their percentage of negligence. This pure comparative negligence rule applies in most civil cases and is codified in California law. A plaintiff 80% at fault recovers 20% of damages. California's approach is notably plaintiff-friendly compared to modified comparative negligence states.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.