What is the difference between contributory negligence and comparative negligence?

The difference between contributory negligence and comparative negligence is largely one of degrees. Contributory negligence is a legal term used to describe a person’s legal responsibility for their own injuries. Under a contributory negligence system, if the plaintiff (the person who filed the legal action) was found to be in any way responsible for the injury to themselves, they would not be able to recover any damages from the defendant (the person being sued). Comparative negligence is an adjusted form of contributory negligence. It allows a plaintiff to recover damages, even if they are held partially responsible for their own injuries. In Virginia, comparative negligence is broken down into two forms: pure comparative negligence and modified comparative negligence. Under pure comparative negligence, the plaintiff is still able to recover damages from the defendant, even if they are found to be 100% responsible for the injury to themselves. The percentage of responsibility of each party is taken into account, and the ultimate damages award is based on the proportion of responsibility that is assigned to either the plaintiff or the defendant. Under modified comparative negligence, the plaintiff can only recover damages if they are found to be 50% or less responsible for their own injuries. In this case, the damages award is reduced by the percentage of responsibility assigned to the plaintiff. In conclusion, the difference between contributory negligence and comparative negligence lies mostly in the amount of responsibility that is assigned to the plaintiff. Under contributory negligence, the plaintiff is unable to recover any damages from the defendant if they are found to be at fault at all. Conversely, comparative negligence allows for the plaintiff to still receive some damages, even if they are found to be partially at fault.

What is the difference between contributory negligence and comparative negligence?

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