Contributory Negligence in New Jersey
State-specific overview · Tort Law
New Jersey uses comparative negligence; you recover unless your negligence is greater than the defendant's.
How New Jersey treats Contributory Negligence
New Jersey follows a modified comparative negligence rule under which a plaintiff may recover damages as long as the plaintiff's negligence is not greater than the negligence of the defendant. If you are 50% or more at fault, you cannot recover. Your damages award is reduced by your percentage of comparative negligence. New Jersey courts have consistently applied this rule to balance fairness between plaintiffs and defendants.
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 New Jersey.