Contributory Negligence

Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently. Since the pedestrian has contributed to the accident, they cannot sue the driver for damages because the accident would not have occured if it weren't for the pedestrian's own negligence. Another example of contributory negligence is where a plaintiff voluntarily disregards warnings and assumes a certain level of risk, although accepting reasonable risk while attempting to rescue another person is not considered contributory negligence.

Contributory negligence is sometimes regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely, which is known as pure contributory negligence. In the United States, the pure contributory negligence only applies in Alabama, the District of Columbia, Maryland, North Carolina, and Virginia. Indiana applies pure contributory negligence to malpractice cases.

In England and Wales, it is not possible to defeat a claim under contributory negligence and therefore completely deny the victim compensation. It does however allow for a reduction in damages recoverable to the extent that the court sees fit.

Contributory negligence can be compared with comparative negligence, where the negligence of the plaintiff is not a complete defense of the insured but can reduce the damages.