What is the Difference Between Contributory and Comparative Negligence?

The main difference between contributory negligence and comparative negligence is that the contributory negligence doctrine bars plaintiffs from collecting damages if they are found partially at fault for their accident-related injuries, whereas the comparative negligence doctrine does not.

Each state has its own unique rules concerning negligence. Maryland, for example, abides by the contributory negligence rule. It is important that plaintiffs understand this legal doctrine when preparing their personal injury cases and pursuing compensation. Our Harford County personal injury lawyers can help you do this.

Contributory Negligence Acts as an All-Or-Nothing Rule in Maryland

To some of its proponents, like the state of Maryland, contributory negligence remains a viable argument that defending parties may use against injured parties. Essentially, this legal doctrine mandates that plaintiffs who contribute any fault to the accident shall not collect damages from the party they are suing. Because of this, contributory negligence acts like an all-or-nothing rule in Maryland that plaintiffs must be aware of when bringing a personal injury claim or lawsuit forward.

While this rule can be strict (even 1 percent of fault strips plaintiffs’ right to compensation), defendants cannot claim contributory negligence arbitrarily either. Opposing parties must be able to prove plaintiffs had prior knowledge of the dangers or risks of their actions, the environment, or the product.

Coleman V. Soccer Association of Columbia Reestablished This Rule

The contributory negligence doctrine has been enshrined in Maryland law since the 1800s; however, James K. Coleman v. Soccer Association of Columbia, et. al. is often cited as the most recent example of why it still rules over personal injury cases.

In 2013, James K. Coleman filed a lawsuit against the Soccer Association of Columbia and related parties after having a goal post fall on him and causing several facial fracture injuries. Despite Coleman’s argument that the goal should have been anchored down to prevent it from falling, the association counterargued that Coleman should have checked whether the goal was anchored before jumping up and gripping the bar. It was ruled that Coleman partially contributed to the cause of his injuries, and he was unable to collect compensation as a result.

Comparative Negligence Allows Plaintiffs to Collect Damages Despite Their Negligence

According to the Legal Information Institute (LII), comparative negligence is a tort rule that allows plaintiffs to collect damages even if they contributed to the cause of the accident. Plaintiffs are assigned a degree of fault, which may affect their compensation reward at the end of the case. This doctrine can be interpreted in a few ways, so states that abide by comparative fault laws may have different rules on how damages are distributed.

Pure Comparative Negligence

States that follow “pure” comparative negligence rules abide by the rule that the plaintiff’s percentage of fault reduces their compensation reward, regardless of what their percentage of fault is.

To use an example, let’s say you were in a slip and fall accident. If you were found 25 percent at fault for the accident, then any compensation you win would be reduced by 25 percent, meaning you would collect 75 percent of the reward.

What makes this a “pure” rule is that the plaintiff may still collect damages even if they were more at fault than the other party. By this doctrine, even if the plaintiff was 99 percent at fault for the accident, they may still be able to collect 1 percent of damages as compensation.

Modified Comparative Negligence

Modified comparative negligence laws place a cap on how much fault the plaintiff can hold. Many states cap this limit at equal to or more than 50 percent. If the plaintiff proves to be more than 50 percent at fault, they may not collect damages.

So, as long as the plaintiff remains below 50 percent at fault, they may collect compensation, but their reward would still be reduced by their percentage of fault. For some brief examples:

• The plaintiff is zero percent at fault: They may collect 100 percent of the damages.
• The plaintiff is 49 percent at fault: They may collect 51 percent of the damages.
• The plaintiff is 51 percent at fault: They will not collect any damages.

Insurance Companies Are Aware of the Contributory Negligence Rules

Not only do the insurance companies know about these rules, but some insurers also see them as an opportunity to reduce your compensation or flat-out deny your claim. They will look for any small factor to justify their decision. For example, they might say that:

• Simply by entering another’s property, you willingly assumed the risks involved in being on that property
• You used a defective product improperly or in ways not intended by the manufacturer
• You should have known or recognized that the at-fault party was behaving negligently and taken extraordinary precautions

That is how excessive contributory negligence rules are abused. Our personal injury attorneys are versed in contributory negligence and the legal process, and we can push back against these archaic legal principles.

There Are Exceptions to Contributory Negligence

In some cases, contributory negligence laws may not apply. Three exceptions include the following:

• Incidents where the victim was a minor aged five or younger.
• Product liability cases. These follow strict liability, meaning the manufacturer, distributor, and seller have a higher degree of responsibility for the injuries caused by a product.
• Incidents where the higher degree of responsibility would fall to the individual who had a “last chance” to avoid the accident.

When you discuss your case with our personal injury lawyers, we can review the details and point out whether any of these three exceptions could apply to your situation.

What Is General Negligence?

There are four main elements to general negligence, which means that the at-fault party caused the accident that injured the plaintiff:

• Who had a duty of care: A “duty of care” is an obligation one party has to another to keep them safe from harm. This duty can be defined differently depending on the context of the situation and what would be reasonably expected of an individual, company, or entity. For example, in motor vehicle accidents, all drivers have a duty of care to obey traffic laws. However, drivers are not expected to sacrifice themselves to ensure the safety of every individual on the road.
• Who breached their duty of care: Once the plaintiff establishes that the other party owed them a duty of care, they must then argue how the defendant failed to fulfill this obligation. To continue our motor vehicle accident example, this could be as simple as the at-fault driver’s traffic violation, such as driving while intoxicated or texting.
• What caused the accident: The plaintiff then must prove how the defendant’s breach caused the accident to show how both are connected.
• What damages resulted from the accident: Finally, the plaintiff must present a list of damages they incurred as a result of the accident, which can range from physical injuries to financial losses.

Even after the injured party establishes another person’s negligence, they must then contend with their state’s fault rules. The difference between contributory and comparative negligence principles can make all the difference in a personal injury claim or lawsuit.

Let MD Accident Law Fight Accusations of Contributory Negligence

Adam M. Smallow understands the stakes in personal injury cases in Maryland. We go to great lengths to prepare for our clients’ cases. This involves researching relevant laws, finding evidence to support our clients’ claims, and helping them understand the difference between contributory and comparative negligence models.

If you would like our personal injury attorneys to lead your case, call today for a free case evaluation. We can provide assistance From Hurt to Help®, which includes finding you medical care and giving you a unique phone number to text us with questions at any time.