Torts
Contributory Negligence
Definition
Contributory negligence is a common-law defense that completely bars the plaintiff from recovery if the plaintiff's own negligence contributed to the harm in any degree. This harsh all-or-nothing approach has been abandoned by most American jurisdictions in favor of comparative negligence. It survives in only a handful of states and the District of Columbia. The last clear chance doctrine developed as an exception, allowing a plaintiff to recover despite their contributory negligence if the defendant had the last opportunity to avoid the harm.
Example
A jaywalking pedestrian is struck by a speeding driver. Under contributory negligence, the pedestrian's own negligence in jaywalking would completely bar recovery.