Comparative Negligence in Oklahoma
State-specific overview · Tort Law
Oklahoma uses pure comparative negligence, allowing recovery even if you are 99% at fault.
How Oklahoma treats Comparative Negligence
Oklahoma applies pure comparative negligence under common law, meaning a plaintiff can recover damages reduced by their percentage of fault, no matter how large that percentage is. If you are found 80% responsible for an accident, you can still recover 20% of your damages from the other party. There is no threshold or bar that prevents recovery based on your own negligence level.
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 Oklahoma.