What is the effect of "contributory negligence" in tort claims?

Contributory negligence refers to a situation where the plaintiff's own negligence contributes to the harm they suffered. The effect of contributory negligence is that it can either bar or reduce the plaintiff's recovery depending on the jurisdiction and the specific circumstances of the case.

In jurisdictions that follow a strict contributory negligence rule, if the plaintiff is found to have even a slight degree of negligence that contributed to their injury, they may be completely barred from recovering any damages. In others, a modified version may allow the recovery to be reduced proportionately based on the degree of negligence attributed to the plaintiff.

This understanding is crucial because it underscores the importance of the plaintiff's behavior in assessing liability in a tort claim. The rule emphasizes that both parties may have responsibilities for the outcome, and therefore, the court must consider the plaintiff's actions in relation to their claim.

This acknowledgment of a plaintiff's own negligence is a foundational concept in tort law, distinguishing the legal outcomes based on what sharing of responsibility occurs between the parties involved.