Negligence in California
State-specific overview · Tort Law
California uses pure comparative negligence, allowing recovery even if plaintiff is mostly at fault, with damages reduced by plaintiff's percentage of responsibility.
How California treats Negligence
California permits plaintiffs to recover damages in negligence cases even if they are primarily responsible for their own injury, as long as the defendant was also negligent. A plaintiff's recovery is reduced by their percentage of fault; for instance, a plaintiff 75% at fault recovers only 25% of awarded damages. California courts apply the reasonable person standard and recognize both ordinary negligence and gross negligence, with gross negligence sometimes triggering punitive damages. Comparative negligence applies in most civil cases, including product liability and premises liability claims.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.