Contributory Negligence in Pennsylvania

State-specific overview · Tort Law

Quick summary

Pennsylvania bars recovery if you are more than 50% at fault, using modified comparative negligence.

How Pennsylvania treats Contributory Negligence

Pennsylvania's comparative negligence law, codified in the Uniform Contribution Among Tortfeasors Act, prevents recovery when a plaintiff's negligence is greater than the negligence of the defendant(s) combined. If you are 51% at fault, you recover nothing; at 50%, you recover half your damages. Courts reduce your award by your percentage of fault, making the threshold critical in borderline cases.

The general definition of Contributory Negligence

A plaintiff's own carelessness that partially caused their injury, reducing their recovery.

When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.

Read the full Contributory 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 Pennsylvania.