District of Columbia · Comparative Negligence

District of Columbia Comparative Negligence Rule

District of Columbia follows a contributory (pure bar) rule under Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977). District of Columbia applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Updated 2026-05-22 · See all 50 states

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Key facts: District of Columbia

Rule type: Contributory (pure bar)
Max fault to recover: Special
How recovery works: District of Columbia applies a special rule that does not fit the standard percentage cutoff. See the notes below.
Last verified: 2026-05-22
Source type: Primary (court opinion)

Details for District of Columbia

D.C. retains pure contributory negligence by common law; any contributory negligence bars recovery. A limited statutory exception applies to bicycle and pedestrian claims under D.C. Code § 50-2204.52, but the general rule is contributory.

Related: District of Columbia statute of limitations

District of Columbia gives you 3 years to file a personal injury lawsuit under D.C. Code § 12-301.

See the full District of Columbia statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed District of Columbia attorney before relying on it.

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District of Columbia Comparative Negligence FAQ

What comparative negligence rule does District of Columbia follow?

District of Columbia follows a contributory (pure bar) rule under Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977). Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). District of Columbia applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Can I still recover if I was partly at fault for the accident in District of Columbia?

In District of Columbia, even a small amount of fault on the claimant's part bars recovery entirely. This is one of the harshest rules in the country and applies in only a handful of jurisdictions.

How does this affect settlement negotiations in District of Columbia?

Insurance adjusters argue percentage of fault to reduce what they pay. Because District of Columbia bars recovery for any contributory fault, defendants have strong leverage to dispute liability and frequently push claimants toward low settlements.

What is the personal injury statute of limitations in District of Columbia?

District of Columbia gives you 3 years to file a personal injury lawsuit under D.C. Code § 12-301.

Where can I read the actual rule?

The controlling authority is Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977). The full text is available at https://law.justia.com/cases/district-of-columbia/court-of-appeals/1977/11243-3.html.

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