What is the difference between contributory negligence and comparative negligence?

Contributory negligence and comparative negligence both refer to the legal concept of negligence. Negligence is the lack of reasonable care that a person must take to avoid causing harm to others. Contributory negligence is a defense used in South Dakota to limit or deny a claimant’s ability to recover damages. Under contributory negligence, if the plaintiff (the person who is claiming injury) was even partially at fault in a slip-and-fall accident, then they are not entitled to any compensation. Comparative negligence puts the burden on both parties involved in the slip-and-fall accident. Under comparative negligence, both parties are found to share some responsibility for the incident. This means that the plaintiff is still entitled to compensation, just not as much. The plaintiff’s total award is reduced by the percentage of their responsibility for the accident. For example, if the plaintiff is found to be 50% responsible for the slip-and-fall accident, then their total award would be reduced by 50%. The main difference between contributory negligence and comparative negligence is that contributory negligence does not allow any compensation for the plaintiff, while comparative negligence does allow compensation, but reduces it based on the plaintiff’s responsibility for the accident.

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