Contributory Negligence

What is Contributory Negligence?

A common law tort rule, abolished in most jurisdictions today. Under contributory negligence, a plaintiff was totally barred from recovery if in any way negligent in causing the accident. Most states now use a comparative negligence approach where a partially negligent plaintiff can still collect based on the percentage of fault of the tortfeasor.

Further Reading

For more detailed information, see our related Torts terms:

• Comparative Negligence
• Waiver as a Defense
• Superseding Cause
• Auto Accident

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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