What is the difference between contributory negligence and comparative negligence?

Contributory negligence and comparative negligence are two theories of negligence law in Arizona. Contributory negligence is a legal defense in which the plaintiff (the person filing the lawsuit) is partially responsible for his or her own injuries. This means that if it is determined that the plaintiff was partially responsible for their own injuries in some way, they cannot recover damages from the defendant. Comparative negligence, on the other hand, is a method of determining fault and damages in a tort action. In comparative negligence, fault is typically assigned in percentages between the plaintiff and the defendant. If the plaintiff is determined to be more than 50 percent at fault, they can’t recover any damages. But if the plaintiff is less than 50 percent at fault, they can recover a portion of the damages. In conclusion, the key difference between contributory negligence and comparative negligence is that contributory negligence is an all-or-nothing legal defense that completely bars a plaintiff from any recovery, while comparative negligence assigns fault in percentages and allows a plaintiff to recover some damages even if they are found partially at fault.

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