What type of negligence denies recovery for damages caused by a negligent party if the claimant was also negligent?

The concept of contributory negligence is crucial in personal injury law and insurance as it addresses situations where both the injured party and the negligent party share some level of fault for the incident that caused the injury. Under contributory negligence, if the claimant is found to be at all negligent—no matter how small their degree of fault—they are completely barred from recovering damages from the other party. This strict rule mandates that the claimant must not have contributed to their own injuries in any way in order to have a valid claim.

This principle stands in contrast to comparative negligence, which allows for a more nuanced assessment of fault. In comparative negligence, both parties' levels of negligence are compared, and damages may be awarded to the claimant in proportion to their degree of fault.

Understanding these differences highlights the rigid nature of contributory negligence, where any action by the claimant that is deemed negligent could nullify their ability to receive compensation, emphasizing the importance of fully understanding one's responsibilities and rights in personal injury cases.