Liability

What is Contributory Negligence?

An older doctrine, still active in a few states, that completely bars a plaintiff from recovery if they were even 1% at fault.

Definition

Contributory negligence is the harshest fault rule: any contributory fault by the plaintiff completely bars recovery. Most states have moved to comparative negligence; only Alabama, Maryland, North Carolina, Virginia, and Washington D.C. still apply pure contributory negligence.

How it applies in personal injury cases

In contributory states, the plaintiff bar's case selection is fundamentally different — even small fault findings tank cases. Plaintiff firms in MD, VA, NC, AL, and DC have to be unusually rigorous about ruling out plaintiff fault before signing.

Related terms

Comparative Negligence

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

Negligence Per Se

A doctrine where violating a safety statute is automatically considered negligence, eliminating the need to prove duty and breach separately.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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