Comparative Negligence in Indiana
State-specific overview · Tort Law
Indiana bars recovery if you are 50% or more at fault; damages reduce by your percentage.
How Indiana treats Comparative Negligence
Indiana uses modified comparative negligence where a plaintiff cannot recover if their negligence is equal to or greater than the defendant's negligence (the 50% bar rule). When the plaintiff is less than 50% at fault, their award is reduced by their percentage of comparative fault. Indiana courts apply this standard in negligence cases across all civil litigation.
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 Indiana.