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What is the difference between contributory negligence and comparative negligence?

April 26, 2017comparative contributory negligence

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What is the difference between contributory negligence and comparative negligence?

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Contributory negligence is a defense to a negligence case in which the Defendant (the person or entity sued) asserts that the injury was caused in whole or in part due to the negligence of the Plaintiff (the person or entity bringing the lawsuit). If a plaintiff is found to be negligent to any degree, his/her claim is barred even if the defendant was more negligent than the plaintiff. Comparative negligence assesses by percentage, the negligence of both the plaintiff and the defendant. Any award in favor of the plaintiff is reduced by the percentage of negligence that the Plaintiff contributed to his/her own injury. Both Maryland and the District of Columbia recognize the concept of contributory negligence. Neither recognizes the concept of comparative negligence.