Contributory Negligence
This is a concept recognized in all local jurisdictions in Virginia, D.C. and Maryland. If there is any negligence on the part of the person bringing the claim (the plaintiff) then that may be a bar to that persons claim if it contributed to the injury.
Different states have different ways of how they deal with negligence claims in that some of them acknowledge the concept of comparative negligence while other states are known as contributory negligence jurisdictions. In a comparative negligence jurisdiction, the negligence may be compared between the parties.
For instance, if I ran a red light and struck you while you were in an intersection but you happened to be intoxicated and laying in the middle of the intersection due to your intoxication then there obviously would be some negligence on your part. The jury would be called upon to compare the different levels of negligence. For instance, in that example they might conclude that I was 50% negligent and you were 50% negligent for being intoxicated and laying down in the middle of the intersection. If the jury then determined that your total injuries were $100,000.00 you would only receive $50,000.00 because you were 50% negligent.
In a contributory negligence jurisdiction there is no comparison of negligence which means that if you were negligent even by 1% or less and that negligence was a cause of your damage, then your claim is barred and you receive nothing. Contributory negligence is a principle derived from the common law which is still recognized in some states. It is indeed a very harsh principle of law and in many instances works an injustice to people who are probably entitled to recover something for their damages but may not be entitled to 100% compensation.
