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What is contributory negligence? Contributory negligence is a legal concept whereby the defendant claims that the plaintiff is partially at fault due to his negligence. The defendant is claiming that the plaintiff's own negligence is to blame, to some degree, for his damages. Let's put this contributory negligence definition into practice in an example.

Let's say that John is flying an airplane made by Sue. John crashes his sirplane while attempting to land it. During the investigation it is determined that the crash was the result of a defecting landing gear made by Sue and a failure to follow landing procedures by John. John will file a lawsuit against Sue for negligent construction of the airplane. As a defense, Sue will explain that John's contributory negligence of failing to follow landing procedures led to the wreck.

In some states, contributory negligence will bar the plaintiff from recovering for any damages. In other states, the amount reqarded to the plaintiff will be reduced by the percentage of his own fault. In other states, the defendant may be released from all liability in the lawsuit if she can prove that the plaintiff was more than 50% at fault.

To find out what the contributory negligence standards are in your state, it's best to consult with an attorney for an exact answer.

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