Comparative Negligence in California
State-specific overview · Tort Law
California allows recovery at any fault level; damages reduce by plaintiff's exact percentage of comparative negligence.
How California treats Comparative Negligence
California follows pure comparative negligence, permitting a plaintiff to recover even if they are predominantly at fault, provided the defendant bears some responsibility. Damages are reduced by the plaintiff's percentage of fault. This rule, established through California case law and codified in the Civil Code, applies to all negligence claims and gives plaintiffs broad recovery rights compared to modified comparative negligence jurisdictions.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.