What is the difference between contributory and comparative negligence in a swimming pool accident case?

In Georgia, contributory negligence and comparative negligence are two theories of liability that may come into play when someone is injured in a swimming pool accident. Contributory negligence looks at the fault of the injured person. Under this theory, if the injured person did anything to contribute to the cause of the accident, they cannot recover any damages. Even if the other party is more at fault than the injured person, they will not be able to receive any compensation. Comparative negligence, on the other hand, looks at both parties’ fault in the accident and assigns a percentage of fault to each party. The injured person can still receive damages, even if they bear some responsibility for the accident, but their damages award would be reduced according to their percentage of fault. For example, if an individual slips and falls in a swimming pool due to a wet surface caused by someone else, the contributory negligence theory would mean that the individual would not be able to receive any damages because they were partially at fault. Comparative negligence, however, would find that the person was 20% at fault and the other person was 80% at fault, and the individual would be able to receive damages, but the damages award would be reduced by 20%.

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What is the difference between contributory and comparative negligence in a swimming pool accident case?

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