Comparative Negligence in Maine
State-specific overview · Tort Law
Maine follows pure comparative negligence, permitting recovery proportional to defendant's fault regardless of plaintiff's negligence.
How Maine treats Comparative Negligence
Maine allows plaintiffs to recover damages reduced by their own negligence percentage, with no bar to recovery based on comparative fault level. The plaintiff's recovery is diminished by their percentage of fault, but they can recover something even if primarily at fault. Maine courts have consistently applied this rule to encourage fair allocation of loss based on actual fault contribution.
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 Maine.