comparative negligence

In law, contributory negligence refers to a plaintiff's behavior that contributes to their own injury or loss, failing to meet the standard of care for their own safety. Historically, at common law, if a defendant proved a plaintiff's contributory negligence, the plaintiff could not recover any damages, even if the defendant was also negligent. This doctrine aimed to prevent juries from being overly sympathetic to plaintiffs.1

However, modern legal systems, including in many U.S. states and English law, have moved towards comparative negligence. Under this system, if a plaintiff is found to have contributed to their injury, they may still recover damages, but the amount is equitably reduced based on their degree of fault. In maritime law, for instance, if both vessels in a collision are at fault, damages are divided in proportion to their respective degrees of fault. This approach acknowledges that fault can be shared and aims for a fairer distribution of liability.12