Refresh: Contributory Negligence: Recovery is Possible
From On Subrogation by Rathbone Group, LLC
January 9, 2026 · 15 min
About this episode
This episode revisits contributory negligence and discusses how recovery is possible despite legal barriers.
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.
People in this episode
Host: Rebecca
Guest: Adam Wilk
Topics covered
- Contributory Negligence
- Legal Standards
- Injury Recovery
- Subrogation Cases
- Liability Defense
Keywords
- contributory negligence
- legal standard
- injury recovery
- subrogation
- liability
- defense
- damages
Mentioned in this episode
Organizations: Rathbone Group, LLC
Places: Alabama, Maryland, North Carolina, Virginia, DC
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