Comparative Negligence vs Contributory Negligence


Accidents can happen every day. Different people experience injuries and property damages. Every time an accident occur, a question follows, “who is the personal liable for the fault?” The abstraction of contributory negligence and comparative negligence deal with this issue and provide an informative way to designate the responsibility between parties if the answer to the question isn’t as clear as water. As the term insinuate, an individual may play a part in the act of carelessness and or be comparatively negligent due to his or her damages.

What is Contributory Negligence?


Contributory Negligence is a concept wherein it describes a behavior that creates excessive risks to one’s self. The notion is that a person has a responsibility to behave with a reasonable character. For an instance that a person doesn’t behave well according to the said act and an injury comes to play, the person will be partially or entirely bear the costs of the resulting damages, regardless of the fact that there is another person involved in the accident. Like for example, a pedestrian who crosses the lane without carefully checking out the traffic light or warning signs, then all of a sudden the person commit an accident because of his or her negligence. Who is at fault?




After the injured individual files personal injury claims, the person sued may then contend a contributory negligence claim against the person files the lawsuit. Meaning, It is clearly stating that the damages from the accident will be divided by both parties because the person injured commit the injuries due to his or her fault. A contributory negligence counterclaim may appeal.
Let’s say that the defendant was able to prove in the court that the allegation of the contributory negligence claim, the individual who files the lawsuit would possibly be ending up bearing all the costs or the claims will reduce as part of reflecting her role in the resulting damages. Therefore, the pedestrian in the stated sample situation is liable for the contributory negligence claim for her irresponsible act.

What is Comparative Negligence?


Comparative Negligence is a thought wherein both parties is equally liable for the damages occurred from the accident.


Most of the time, the court considered the Contributory Negligence claim as their based to determine the costs of damages. In this matter, the person who has the contribution to the accident has no authority to grant compensation for his or her injuries. An attempt that a person does to lessen the strong approach frequently ends up with an unreasonable result. Most states have taken up the Comparative Negligence approach.

Two Types of Approaches to Comparative Negligence

  1. Pure Comparative Negligence - The plaintiff's total damages is calculated to reflect his or her role to the injury.
  2. Modified Comparative Negligence - For this situation, the person injured should not be more than 50% liable for the resulting injury.

If you encountered sued but you know for a fact that the complainant is at least partially responsible for the case, consider having a personal injury lawyer to help you review the personal injury law.

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