Negligence in Pennsylvania
State-specific overview · Tort Law
Pennsylvania applies comparative negligence but bars recovery if the plaintiff is as much or more negligent than the defendant.
How Pennsylvania treats Negligence
Pennsylvania follows a modified comparative negligence rule where a plaintiff cannot recover if their negligence is equal to or greater than the defendant's negligence. If the plaintiff is less negligent, damages are reduced by the plaintiff's percentage of fault. The state requires proof that the defendant breached a duty owed to the plaintiff and that this breach directly caused the plaintiff's injuries.
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 Pennsylvania.