Contributory Negligence in West Virginia
State-specific overview · Tort Law
West Virginia allows recovery under comparative negligence if the plaintiff's negligence does not exceed the defendant's negligence.
How West Virginia treats Contributory Negligence
West Virginia follows a 'not greater than' comparative negligence rule, permitting recovery when the plaintiff's fault is equal to or less than the defendant's fault. The plaintiff's damages are reduced proportionally by their degree of negligence. This approach is more plaintiff-friendly than Virginia's pure contributory negligence rule. A plaintiff who is 50% at fault can recover 50% of their total damages from a defendant who is 50% at fault.
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 West Virginia.