Contributory Negligence: Meaning, Examples, & Legal Impact
Most people assume that when they are injured in an accident, they are likely entitled to compensation even if they share some of the fault. While that is true in the majority of the US, there are a few states that bar plaintiffs who share fault for an accident from recovering damages. The ruling for contributory negligence is strict and prevents the person who filed the complaint from succeeding in their lawsuit. The US Department of Justice reports that there are over 400,000 personal injury claims filed each year, and knowing the rules of fault in your state can help you act accordingly and protect your chances of a successful lawsuit. This article discusses which states still follow contributory negligence, as well as how it’s proved and applies to insurance and court cases. If you have been in an accident and are searching for a lawyer, follow along to get a better understanding of how fault can affect your case and when to consult an attorney.
What is Contributory Negligence?
Definition of contributory negligence
Contributory negligence is a determination by the court that the plaintiff holds some responsibility (usually a percentage) for an accident or injury due to a failure to perform reasonable care, which bars them from being awarded damages. The ruling in these cases is absolute, so even if the other party is 99% to blame, that 1% renders the plaintiff contributorily negligent in the four states and one territory that follow this law.
Let’s take, for example, an incident where a customer bought a coffee and, once in hand, proceeded to take a sip, burning themselves severely. The customer sued the establishment for damages to pay for their injuries, but there was a warning label on the cup that indicated it would be very hot. The defense argues contributory negligence because if the customer had taken caution and heeded the warning, they would not have been burned. Their injury was a direct result of their actions, and therefore, their case was dismissed.
Legal theory and principles
Contributory negligence is a tort principle that prevents a plaintiff from recovering damages if their own negligent actions contributed to their accident or injury. The rule determines that a person should take reasonable care for their safety and that of others. If they had been acting with reasonable care (in the eyes of the court), it would have prevented their injury. Simply put, their actions contributed to the accident, and for their part in the event, they cannot be compensated.
Historical context and development
Throughout history, who to blame and, therefore, pay for an accident or injury has always been a hot topic in law. However, it wasn’t until 1824, in a Massachusetts case, that contributory negligence made its way into US courts. Contributory Negligence remained the primary law until 1908 when the US Congress adopted comparative negligence following the enactment of the Federal Employer’s Liability Act. From there, 46 states adopted some form of comparative negligence, and only Maryland, Virginia, North Carolina, Alabama, and Washington DC remain contributory negligence states.
Comparative negligence and other related doctrine
Comparative negligence is a rule used in most states to determine fault in a personal injury case. Instead of the “all or nothing” approach of contributory negligence, comparative negligence allows for the plaintiff to recover damages for the defendant’s percentage of blame and none for their own. For example, if a person were awarded $100,000 in damages and shared 30% of the blame, the damages awarded would be reduced to $70,000.
Comparative negligence is further broken down into either pure or modified comparative negligence.
In the 12 states that follow Pure Comparative Negligence, even if your percentage of blame is in the majority, you may collect damages. In states like Florida or California, if 95% of the blame falls on you, you may still file a claim in hopes of recovering 5% in damages.
Modified Comparative Negligence law does not allow you to recover damages if your part of the blame exceeds a certain percentage. In some states, the percentage of blame cannot exceed 50%, and for others, 51%.
The Four Key Elements of Contributory Negligence
Duty of care
In order to prove negligence, it must be determined that the person who is being sued owes the injured person a duty of care. A duty of care is an obligation to take reasonable steps to prevent accidents and injuries to others. Duty of care can be established in many situations, such as motorists taking care that their vehicles are in working order and they are following the laws of the road to be sure they don’t injure another. The court must see that there were plausible, safer options the defendant could have taken in order to avoid the tort.
Breach of duty
A breach of duty happens when a person does not follow the reasonable expectations of care and precaution under law. This element considers what an average, responsible person would have done and compares that to the actions of the defendant to find negligence. Continuing the example from above, a motorist can breach their duty of care by getting behind the wheel when drunk or driving recklessly.
Causation
Once a breach of duty is evident, the next order of business is proving that the accident occurred as a result of that breach. There must be a direct correlation between the breach of duty and the injury that occurred. For example, a driver ran a stop sign and struck a pedestrian, injuring them. The injuries would not have occurred if the driver had not run the stop sign, so we have causation.
Damage or injury
The final element refers to the losses suffered by the plaintiff as a result of the injury. This may include hospital bills or lost wages from missed work. These damages are recouped through insurance or the at-fault party once each of the previous elements has been proven.
Recent Legal Examples of Contributory Negligence
Case 1: Lovett v. University Place Owners Association
In 2020, a group of friends were delighting in a night out at a local dining and shopping complex. One of the friends had already been drinking before the group headed to a bar in the complex to have some drinks. After leaving the bar, the group took a walk around the lake that adjoined the complex. The intoxicated friend decided to jump into the water. Bystanders pulled him out before he jumped in a second time and disappeared. A few weeks later, his body was discovered, and the representative of his estate filed a complaint against the complex owner’s association for wrongful death as there were no warning signs surrounding the lake despite it being dangerous for those in the nearby shops. The courts ruled that the Decedent (the person who died) was negligent in their own actions due to their blood alcohol content being 5x the legal limit at the time of their drowning. The ruling was clear because the decedent's actions being a direct cause of his death “equaled, if not exceeded,” the defendant’s alleged wrongdoing.
Case 2: Archie v. Durham Public School’s Board of Education
In another recent case, the plaintiff was a student who was struck by a vehicle on a school access road. After watching a film in a building on campus, the plaintiff was dancing his way to the school's locker room before football practice when he was struck by another student driving a gator (a utility vehicle, not the scaly reptile). He sued for damages, stating negligent infliction of emotional distress and gross negligence on behalf of the board of education. However, the plaintiff's own testimony admitted his fault. His coach, the witness in the accident, gave a statement where the plaintiff admitted the accident was his fault as he was wearing headphones and dancing prior to being struck. The court ruled contributory negligence as the plaintiff failed in his pedestrian duty to maintain a safe lookout in areas where vehicles travel. Since the plaintiff admitted his negligence through his own testimony, the Board of Education was spared from their defense, and the plaintiffs were barred from recovery.
Conclusion:
In both of these cases, we see that the court’s ruling for contributory negligence was lawful because the plaintiffs’ obvious negligence had a direct influence on their accidents.
How Does Contributory Negligence Affect Personal Injury Claims?
Role in insurance claims
Fault determines how much an insurance company will pay towards an insured claim covered under their policies. Once a claim is filed, insurance companies may investigate to determine how much the insured (the policyholder) was at fault for the event. As a result of contributory negligence, the insurance company could reduce or reject the policyholder’s compensation.
For instance, a homeowner could file a claim following a house fire that is normally covered under their policy. However, if the insurance company's investigation uncovered that the homeowner had previously been warned about a hazard and failed to fix it, and that is what caused the fire, then the homeowner could be considered negligent. How much you are at fault for the accident, event, or injury will determine how much an insurance company will cover.
To summarize, if the policyholder is found to be at fault for their claim, then the compensation from their insurance company could be reduced or the claim rejected outright. That means the policyholder pays all or some of the damages outright.
Influence on court rulings and settlements
Much like insurance companies, courts can also determine a claimant (the person who filed the claim) to be contributorily negligent and reduce the damages awarded. In four states, Virginia, Alabama, North Carolina, and Maryland (including DC), a claimant found to share any of the fault for their injury does not receive any damages.
If a speeding driver strikes a pedestrian and they are injured, but the pedestrian was jaywalking, the pedestrian could be considered partially at fault for the accident. The driver’s attorney must prove that if the pedestrian had followed traffic laws, then the injury might not have occurred or been as severe. If they are successful and the court decides fault is shared, the pedestrian is no longer entitled to compensation.
Protect Your Rights
Minimize the risk of contributory negligence
The number one thing you can do to avoid contributory negligence is abide by the laws and take reasonable steps of care if ever you find yourself in a situation that requires it. Common steps like walking inside the crosswalk, taking caution when there are hazards at home or in public, and driving responsibly can help keep you out of trouble.
This doctrine relies on both parties acting negligently. Therefore, if you take reasonable steps of care, it is less likely that you will be found liable for your own injuries. There are only four states and one territory where contributory negligence is absolute, so be extra cautious if you live in those areas.
Documenting the incident
Directly following your injury or accident, you can take a few steps to ensure that you have proper documentation for your protection. Here are a few steps you can take once you’re out of harm's way to ensure you’ve got what you need:
Collect information of those involved in the accident and any eyewitnesses present. You may ask them to record their memories to preserve the scene. Exchange contact information with those present and involved.
Contact authorities to ensure a report is filed, and the information is shared with authorities who can corroborate the details.
Seek medical attention to ensure everything is okay, and anything that might not be is documented by professionals.
Record your memories as soon as possible so you have the clearest memories of what happened and can present them if needed.
Expertise.com has a few step-by-step guides that dive deeper into what you should do following an injury or car accident.
Legal assistance
Contributory negligence cases are strictly win-or-lose and complex to prove for both sides. An attorney can make all the difference in ensuring that you achieve the desired outcome by gathering evidence to verify your case beyond a reasonable doubt. Anytime there has been an injury or dispute of fault following an accident, it is a good idea to consult an attorney. That way, they can get a head start on your case and ensure your rights are protected.
Attorneys have free consultations where you can ask questions and gain an idea of how they might handle your case. We suggest you compare rates, their current caseloads, and their success with cases similar to yours. Check out “How to Hire a Personal Injury Attorney” for information on the hiring process and a complete list of questions you can bring to a consultation appointment.
If you need some help narrowing down the options, check out our list of the best personal injury attorneys near you. If you are looking to speak with someone right away, our concierge team can help. Call 848-BookPro to talk to one of our team members who will verify your needs and connect you with an available attorney.
Contributory Negligence FAQs
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