Contributory Negligence

What You Need to Know

Under contributory negligence, if a court determines a customer was even slightly negligent — for example, by not watching where they were walking or ignoring a warning sign — the customer cannot recover anything, even if your restaurant was 99% at fault for creating the dangerous condition.

What establishes contributory negligence:

• Distracted walking — texting, talking on the phone, not watching where going
• Ignoring clearly visible wet floor signs or caution markers
• Inappropriate footwear in areas marked as slippery
• Intoxication contributing to impaired judgment
• Disregarding staff warnings, such as proceeding after being warned of a hazard

Why It Matters for Restaurant Owners

If your restaurant is located in one of the few jurisdictions that still follow contributory negligence, you have a powerful defense against slip-and-fall claims and other liability lawsuits — but only if you can prove the plaintiff's negligence. Without evidence, you have no defense and face full liability.

Building your defense requires:

• Security camera footage — the single most powerful evidence of plaintiff behavior
• Immediate photographs of warning signs, the plaintiff's shoes, and scene conditions
• Witness statements collected from everyone present
• Employee testimony documenting any warnings given to the plaintiff before the incident

Courts scrutinize contributory negligence defenses closely given how harsh the consequences are, so documentation failures can eliminate the defense entirely and leave you fully exposed.