Refresh: Contributory Negligence: Recovery is Possible
On Subrogation · Rathbone Group, LLC
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Show Notes
This week, join us as we revisit our episode on Contributory Negligence as a refresher!
Original Air Date: September 3, 2021
Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly. In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible.
On this week's episode, Rebecca speaks with attorney Adam Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC). Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.