What is the difference between negligence and contributory negligence?

Negligence and contributory negligence are two distinct causes of action within personal injury law. Negligence is an act or omission that breaches a legal duty of care to another, causing them to suffer an injury. In slip and fall cases, the defendant may be liable for negligence if not taking reasonable precautions to prevent a customer from slipping and falling. On the other hand, contributory negligence is when the party suffering the injury contributes to their own injuries. This means that the plaintiff’s carelessness has in some way contributed to their injury. In some states, including Massachusetts, contributory negligence is a complete bar to recovery. This means that if a plaintiff’s own negligence contributed to their injury, then they are not eligible for recovery. However, Massachusetts has adopted the doctrine of comparative negligence. Under this doctrine, the amount of damages a plaintiff can recover is reduced if their negligence contributed to their injury. For example, if the negligence of the plaintiff was found to be 40%, then that amount is deducted from their damages award. In conclusion, the main difference between negligence and contributory negligence is that negligence is a breach of a legal duty to another that causes an injury while contributory negligence is the plaintiff’s own carelessness which contributes to their injury. In some states, contributory negligence can bar a plaintiff from recovery, while Massachusetts adopts a doctrine of comparative negligence, which reduces the amount of damages a plaintiff can receive based on the percentage of their own negligence causing their injury.

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What is the difference between negligence and contributory negligence?

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