Contributory negligence is in effect in the D.C, Maryland, and Virginia area. There are some differences in how it is employed depending on the area. In this video attorney Salvatore Zambri explains what contributory negligence is, how cases are dealt with, and how he can help you with your claims.
Contributory negligence is something that we call an affirmative defense. It’s something that a defendant would have to affirmatively argue, relieves them of liability in the case, therefore owing the plaintiff nothing. In the DC, Maryland, and Virginia area contributory negligence is a doctrine that’s in effect. There’s a wrinkle between how the District of Columbia employs the doctrine compared to Virginia and Maryland. But, in some, contributory negligence means that if a plaintiff contributes meaningfully to the outcome, through his or her own wrongdoing, then even if the defendant is more at fault, then the plaintiff is barred from recovering the penny. Whereas if you had a comparative negligence jurisdiction the jury would actually compare the negligence of one party to the other. So if a jury felt that a case was worth a million dollars but attributed 30% of the wrongdoing to the plaintiff and 70% to the defendant, the plaintiff would be able to obtain $700,000 because it’s full value less the percent contribution vis a vis the plaintiffs wrongdoing. For a free consultation, to speak to me or anyone at our law firm please contact us here at Regan Zambri Long at (202) 463-3030.
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Source: RHL Law