Compare and contrast contributory negligence with comparative negligence?

Contributory negligence and comparative negligence are both legal concepts that determine how liability or fault is assigned in a civil lawsuit. While they both involve the negligence of the plaintiff, they differ in how they affect the outcome of a case.

1. Contributory negligence: Under the concept of contributory negligence, if the plaintiff is found to have contributed, even to a small extent, to their own injury or damages, they are generally barred from recovering any compensation from the defendant. In other words, if it is determined that the plaintiff's negligence played any role in causing the incident, they are completely barred from recovering damages, regardless of the defendant's level of fault.

2. Comparative negligence: Comparative negligence, on the other hand, is a more modern approach to assigning fault in a personal injury lawsuit. There are two types of comparative negligence:

a. Pure comparative negligence: In jurisdictions that follow the principle of pure comparative negligence, the plaintiff's damages are reduced by their proportionate degree of fault, even if they are primarily at fault. For example, if a plaintiff is found 80% at fault for their injury and the defendant is found 20% at fault, the plaintiff can still recover 20% of their total damages from the defendant.

b. Modified comparative negligence: Some jurisdictions follow the principle of modified comparative negligence. Under this approach, the plaintiff can only recover damages if their degree of fault falls below a certain threshold, typically 50% or 51%. If the plaintiff is found to be equally or more at fault than the defendant, they cannot recover any damages.

In summary, contributory negligence completely bars a plaintiff from recovering damages if they are found to have any level of negligence, while comparative negligence allows the plaintiff to recover a proportionate amount of damages based on their degree of fault, either through pure comparative negligence or modified comparative negligence. The specific approach followed depends on the jurisdiction in which the lawsuit is filed.