Contributory Negligence in Virginia
State-specific overview · Tort Law
Virginia bars recovery entirely if a plaintiff is even slightly negligent—the harshest rule in the nation.
How Virginia treats Contributory Negligence
Virginia follows pure contributory negligence, meaning any negligence by the plaintiff completely prevents recovery, even if the defendant was 99% at fault. This rule applies across all civil cases, including personal injury and property damage. Virginia courts have consistently upheld this standard for over a century, making it one of the few remaining jurisdictions with this strict approach. A plaintiff cannot recover damages if they bear any percentage of responsibility for their injury.
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 Virginia.