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Contributory Negligence
Contributory negligence means that if you contributed to your own injury through your own carelessness, you may be barred from recovering any compensation, even if the other party was also at fault.
What it actually is
It is a legal defense in a personal injury lawsuit where the defendant argues that the plaintiff’s own failure to act reasonably helped cause the harm. Where applicable, it completely prevents the plaintiff from recovering damages if they are found to have been even slightly at fault, regardless of the defendant’s degree of negligence.
Why it matters in your case
This matters because, in states that apply pure contributory negligence, a minor mistake on your part can wipe out your entire claim, even if the other party was mostly to blame. You and your attorney must be prepared to counter any allegation that you failed to take ordinary care for your own safety.
The common misunderstanding
People often confuse contributory negligence with comparative negligence, but they are different: contributory negligence is an all-or-nothing bar to recovery, while comparative negligence reduces your damages proportionally. Another misconception is that contributory negligence applies everywhere; in fact, many states have replaced it with comparative fault rules.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.