What is the difference between contributory negligence and comparative negligence?

Contributory negligence and comparative negligence are two important aspects of slip and fall law in California. Contributory negligence is a legal doctrine that states that if a plaintiff (the person filing the lawsuit) was partly responsible for the accident that caused their injury, they can be barred from recovering any damages. For example, if a plaintiff slips on a wet floor at a store that had no warning signs posted but it was found that the plaintiff was running and not paying attention, the plaintiff would be barred from recovering damages due to their own negligence. Comparative negligence is a legal doctrine that states that if a plaintiff is partly responsible for the accident that caused their injury, their damages may be reduced based on their own percentage of fault. For example, if a plaintiff slips on a wet floor at a store that had no warning signs posted and the plaintiff was found to be somewhat negligent (e.g. walking too quickly), the plaintiff could still recover damages, but their damages would be reduced according to their percentage of fault. These two doctrines are important for slip and fall law in California because courts need to determine the extent of negligence of both parties. To keep courts from being overwhelmed,California has adopted a modified form of comparative negligence, which is known as the pure comparative negligence doctrine. Under this doctrine, a plaintiff can still recover damages even if they were more than 50% at fault; however, the damages will be reduced according to the plaintiff’s percentage of fault.

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What is the difference between contributory negligence and comparative negligence?

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