What is the difference between negligence and contributory negligence?

The difference between negligence and contributory negligence is important to understand in slip and fall law in Washington. Negligence is the basic concept that someone has acted unreasonably and carelessly in a way that resulted in an injury to another person. For example, if a store owner failed to put up warning signs about a wet floor and someone slips and falls, that store owner could be considered negligent and liable for the injury. Contributory negligence, on the other hand, is a type of defense used by property owners when a slip and fall injury occurs. The defendant can argue that the plaintiff was at least partially responsible for their own injury due to their own carelessness or recklessness. A classic example of contributory negligence is when a plaintiff has failed to use the provided safety equipment, such as a handrail, when walking on a wet and slippery surface. In Washington, if contributory negligence is found to be true, the plaintiff typically cannot recover damages for the injury in a slip and fall case. Therefore, it is important for a plaintiff to recognize that even if the defendant was negligent, their own negligence (or lack of reasonable care) may bar them from recovering damages.

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What is the difference between negligence and contributory negligence?

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