5 jurisdictions · Contributory (pure bar)

Pure Contributory Negligence States

Alabama, District of Columbia, Maryland, North Carolina, and Virginia are the 5 jurisdictions that follow pure contributory negligence. Any fault on the claimant's part bars recovery entirely, no matter how small.

Updated 2026-05-22 · See all 50 states

Key facts

Rule type: Contributory (pure bar)
Jurisdictions in this group: 5
States: Alabama, District of Columbia, Maryland, North Carolina, and Virginia
How recovery works: Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). Any fault on the claimant's part bars recovery entirely, no matter how small.
Last verified: 2026-05-22 (each state row cites the primary source)

Only five U.S. jurisdictions still apply pure contributory negligence as a complete bar to recovery: Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. The rule is harshly criticized but remains binding in those jurisdictions until changed by the legislature or high court. Maryland's Court of Appeals reaffirmed the rule as recently as Coleman v. Soccer Ass'n of Columbia (2013). Limited mitigators (last clear chance, gross-negligence exceptions, and a narrow statutory carve-out for bicycle/pedestrian claims in D.C.) exist but are narrow. In settlement negotiations, contributory negligence gives defendants enormous leverage to dispute liability, depressing settlement values across the board.

The 5 pure contributory negligence jurisdictions

State	Max fault to recover	Statute / case	Details
Alabama	Special rule	Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993)	Details →
District of Columbia	Special rule	Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977)	Details →
Maryland	Special rule	Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)	Details →
North Carolina	Special rule	Smith v. Fiber Controls Corp., 300 N.C. 669, 268 S.E.2d 504 (1980)	Details →
Virginia	Special rule	Baskett v. Banks, 186 Va. 1022, 45 S.E.2d 173 (1947)	Details →

Informational only and not legal advice. Some states apply different rules to specific categories (medical negligence in Florida, for example). Confirm the controlling rule with a licensed attorney.

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Pure Contributory Negligence FAQ

Which states use pure contributory negligence?

5 US jurisdictions follow pure contributory negligence: Alabama, District of Columbia, Maryland, North Carolina, and Virginia. Each state's rule is set by either statute or controlling court decision; see the table below for the citation in each state.

How does pure contributory negligence work?

Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). Any fault on the claimant's part bars recovery entirely, no matter how small.

How does pure contributory negligence affect settlement value?

In contributory negligence states, defendants gain enormous leverage by disputing liability. Even a small finding of plaintiff fault eliminates recovery, which pushes settlements lower than in comparative-fault states.