Contributory Negligence
In one sentence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
Plain English
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.
Example
A pedestrian is struck by a car while texting and crossing against the light. The driver was speeding, but the pedestrian's distraction also contributed to the accident. The court might find the pedestrian 30% at fault and reduce their award accordingly.
Used in a sentence
“The judge reduced the plaintiff's award by 25% due to contributory negligence on her part.”
How Contributory Negligence differs by state
Contributory Negligence can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama uses pure contributory negligence: any plaintiff negligence bars recovery entirely, even if 1% at fault.
Alaska
Alaska uses comparative negligence: plaintiffs recover reduced damages proportional to their fault, up to 99% negligence.
Arizona
Arizona uses comparative negligence: plaintiffs recover reduced damages if less than 50% at fault.
Arkansas
Arkansas uses modified comparative negligence: plaintiffs recover only if less than 50% at fault.
California
California uses pure comparative negligence: plaintiffs recover reduced damages regardless of fault percentage.
Colorado
Colorado uses pure comparative negligence; you recover even if 99% at fault, minus your percentage.
Connecticut
Connecticut uses pure comparative negligence; your recovery reduces by your exact fault percentage.
Delaware
Delaware uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
Florida
Florida uses pure comparative negligence; you recover your percentage even if mostly at fault.
Georgia
Georgia uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
Hawaii
Hawaii uses pure comparative negligence, allowing recovery even if you're 99% at fault, reduced by your percentage.
Idaho
Idaho uses comparative negligence but bars recovery if you're 50% or more at fault.
Illinois
Illinois uses modified comparative negligence, barring recovery if your fault equals or exceeds the defendant's.
Indiana
Indiana uses modified comparative negligence, barring recovery if you're 50% or more at fault.
Iowa
Iowa uses pure comparative negligence, allowing recovery at any fault level, reduced by your percentage.
Kansas
Kansas follows pure comparative negligence, allowing recovery even if you are mostly at fault, reduced by your percentage.
Kentucky
Kentucky uses pure comparative negligence; you can recover even if 99% at fault, but damages decrease by your percentage.
Louisiana
Louisiana applies pure comparative fault; you recover your proportional share even if mostly responsible, minus your percentage.
Maine
Maine follows pure comparative negligence; you recover your proportional damages even if more than 50% at fault.
Maryland
Maryland uses modified comparative negligence; you recover only if less than 50% at fault, reduced by your percentage.
Massachusetts
Massachusetts uses pure comparative negligence, allowing recovery even if you're 99% at fault.
Michigan
Michigan uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
Minnesota
Minnesota uses pure comparative negligence, allowing recovery regardless of your percentage of fault.
Mississippi
Mississippi uses pure comparative negligence, allowing recovery even if you bear most of the fault.
Missouri
Missouri uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
Montana
Montana uses comparative negligence; you recover unless your negligence exceeds the defendant's.
Nebraska
Nebraska uses comparative negligence; you recover unless your negligence equals or exceeds the defendant's.
Nevada
Nevada uses pure comparative negligence; you recover your proportional share even if mostly at fault.
New Hampshire
New Hampshire uses pure comparative negligence; you recover your share regardless of your fault percentage.
New Jersey
New Jersey uses comparative negligence; you recover unless your negligence is greater than the defendant's.
New Mexico
New Mexico follows pure comparative negligence, allowing recovery even if you're mostly at fault.
New York
New York uses pure comparative negligence, reducing your award by your own fault percentage.
North Carolina
North Carolina bars recovery entirely if you are even slightly more negligent than the defendant.
North Dakota
North Dakota uses modified comparative negligence, barring recovery if you're 50% or more at fault.
Ohio
Ohio uses modified comparative negligence, barring recovery if your negligence equals or exceeds the defendant's.
Oklahoma
Oklahoma uses pure comparative negligence, allowing recovery even if you are 99% at fault.
Oregon
Oregon bars recovery if you are more than 50% at fault, using modified comparative negligence.
Pennsylvania
Pennsylvania bars recovery if you are more than 50% at fault, using modified comparative negligence.
Rhode Island
Rhode Island uses pure comparative negligence, allowing recovery regardless of your percentage of fault.
South Carolina
South Carolina bars recovery if you are more than 50% at fault, using modified comparative negligence.
South Dakota
South Dakota follows pure comparative negligence, allowing recovery even if you're mostly at fault.
Tennessee
Tennessee uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
Texas
Texas applies modified comparative negligence; plaintiffs cannot recover if they are more than 50% at fault.
Utah
Utah follows comparative negligence, reducing damages by the plaintiff's percentage of fault without a bar.
Vermont
Vermont uses pure comparative negligence, allowing recovery proportional to defendant's fault regardless of plaintiff's percentage.
Virginia
Virginia bars recovery entirely if a plaintiff is even slightly negligent—the harshest rule in the nation.
Washington
Washington uses comparative negligence, allowing recovery even if the plaintiff is partially at fault, as long as they are not more negligent than the defendant.
West Virginia
West Virginia allows recovery under comparative negligence if the plaintiff's negligence does not exceed the defendant's negligence.
Wisconsin
Wisconsin allows recovery under comparative negligence regardless of the plaintiff's percentage of fault, reducing damages by their share of responsibility.
Wyoming
Wyoming allows recovery under comparative negligence if the plaintiff's negligence is not greater than the defendant's negligence.
District of Columbia
DC uses pure comparative negligence, allowing recovery even if plaintiff is 99% at fault, reduced by their percentage.
Related terms
Negligent Misrepresentation
A false statement made without reasonable care for its truth, causing harm to the other party.
Mitigation of Damages
A duty to take reasonable steps to minimize losses caused by another party's breach.
Damages Calculation
The process of determining how much money a harmed party should receive for a breach.
Breach of Warranty
Failing to fulfill a promise or guarantee made about a product or service.
Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Negligence
Failure to exercise reasonable care that results in harm to another person.
Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.