What is the difference between negligence and contributory negligence?

Negligence and contributory negligence are both legal terms used in the context of slip and fall law in Arkansas. Negligence is the failure to use reasonable care when dealing with a situation or an activity, and can be more broadly defined as the breach of a legal duty. Contributory negligence, meanwhile, is when the injured party also had a role in their injury, meaning if they had not acted negligence they would not have been injured. Negligence is often the cause of slip and fall accidents and is usually the main point of contention when it comes to filing a lawsuit. The plaintiff in a slip and fall case must show that the defendant was negligent and had breached a duty of care they owed the plaintiff. To be successful, the plaintiff must show that the defendant’s negligence caused the injury. Contributory negligence is somewhat different, as it involves the plaintiff’s own carelessness or recklessness. This can be a factor in the determination of damages if the plaintiff was in some way responsible for their own injuries. For example, if the plaintiff was walking while texting and didn’t see the spilled liquid, they may be found to have some degree of fault for the accident. In Arkansas, the doctrine of contributory negligence can bar a plaintiff from recovering full damages if they are found to be more than 50% at fault. This means that if you are filing a claim for a slip and fall injury, you must be careful to show that the defendant was more responsible than you for the accident.

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