Contributory Negligence vs. Comparative Negligence

St. Louis, Kansas City, and Jefferson City, Missouri

 

When an accident occurs, whether an automobile accident, slip and fall accident or another type of mishap, it can be vital to determine who was at fault. Knowing who was at fault in the accident helps a personal injury attorney determine compensation for anyone injured in the accident. At The Bradley Law Firm, we will put all our knowledge and expertise behind you to be sure you receive all the compensation to which you are entitled for injuries suffered in an accident.

 

Contributory Negligence

 

Contributory negligence is a legal term that limits the amount of compensation you may receive for an accident. Under a system that uses contributory negligence, if you in any way contributed to an accident, you are not entitled to collect damages from the other party. This is true even if the other party’s responsibility was far more extreme than yours.

 

For example, if you suffer a slip and fall accident on another person’s property because that person has not cleaned the ice off the sidewalk, that person has been negligent. However, if you were acting in an inappropriate manner that contributed to the accident, then you would not be entitled to damages. Some states still use contributory negligence to determine damages in personal injury cases.

 

Comparative Negligence

 

In most states in the US, a more lenient system is used, called comparative negligence. In a case determined by pure comparative negligence, if you are determined to be five percent responsible for the slip and fall accident due to your inappropriate behavior, the person in charge of cleaning the sidewalk is still 95 percent responsible, and you are entitled to collect damages to help pay for 95 percent of your resulting medical expenses.

 

This is the most straightforward application of comparative negligence. In most states, a modified version of comparative negligence is used, called modified comparative fault. In these cases, the judge and jury of each individual case determines the percentage of fault assigned to each party and determines any monetary settlements according to this ruling. In some cases, if the defendant is determined to be 50 percent or more at fault, he is not entitled to collect damages.

 

At The Bradley Law Firm, we understand the subtleties of comparative negligence and how it applies to Missouri law. If you have been involved in an accident, we can help you assemble your case to help you receive compensation to help defray the costs of your injuries. If you are in the St. Louis, Jefferson City or Kansas City, Missouri area and have been injured in an accident, please contact The Bradley Law Firm for a free case evaluation.