What is Contributory Negligence? Washington D.c. Personal Injury Lawyer Peter Biberstein

Let's talk about a concept known as contributory negligence. Once the law throughout the United States, contributory negligence now only applies in 5 jurisdictions, which include Maryland, Virginia, and Washington, DC. Contributory negligence stands for the idea that if you are an injured person and a judge or jury finds that you are any way responsible for your injuries, even 1% at fault, this will be a complete bar to recovery. Because contributory negligence is such a harsh doctrine, many states have transitioned to another form of negligence known as comparative negligence or comparative fault. Throughout most of the United States, the comparative negligence regime basically apportions fault amongst parties. If an injured person is found to be somewhat responsible, their recovery will just be reduced by their respective fault. Here are 2 examples of how you can avoid being contributorily negligent: One way is to observe any applicable health, safety, or traffic laws. A judge or a jury may find that your failure to obey any health, safety, or traffic laws is enough to bar your recovery under contributory negligence. Another way is to use products in the way that they're meant to be used. A failure to follow a manufacturer's recommendations will likewise operate to bar any recovery under this doctrine. Those are the basics of contributory negligence.