This is a term that applies when the defendant in a tort case claims that the plaintiff in the same case was also negligent, and therefore contributed to the accident. When the defendant claims that the plaintiff is also at fault he makes a contributory negligence claim. Some states apply the pure contributory negligence rule that says if you are partially at fault you cannot recover anything at all from the defendant even if the defendant was also negligent. But in Connecticut, we have what is called comparative negligence, so you can still recover even if you are partially at fault, but your negligence will act to reduce the amount you can recover by the percentage of fault attributed to your negligence as long as your negligence does not exceed fifty percent.

If you or anyone you know has been injured in a serious car accidenrt, don't expect the defense to simply pay you what you want or deserve. You should expect a vigorous defense.  If you have been injured and expect even the slightest change that the defense will raise a contributory negligence claim, then contact The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT. at 860-445-8521 or toll free at 888-717-4211.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut