The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered even if that person's carelessness was minor.

Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence." Comparative negligence looks at the degree of fault of each party in determining whether an award is justified in the case and what amount it will be.

• New Jersey applies comparative negligence to personal injury cases.
  
• Comparative negligence works on a percentage scale in assigning the degree of fault for the injuries suffered. A plaintiff in a premises liability case cannot be more than fifty percent at fault in order to be compensated for injuries suffered. That is, a plaintiff found to be fifty-one percent at fault would not be able to be compensated for injuries suffered.
  
• Additionally, for plaintiffs that are found to be less than fifty-percent at fault, the award is reduced proportionately to the plaintiff’s percentage of fault. For example, in a case where a person slips and falls on a wet supermarket floor and is awarded $100,000 and the supermarket is found to be eighty-percent liable for the dangerous floor condition and the injured plaintiff twenty percent responsible for not exercising caution, the award is reduced to $80,000.