Comparative Negligence in Rhode Island
State-specific overview · Tort Law
Rhode Island bars recovery if the plaintiff is equal to or greater than 50% at fault.
How Rhode Island treats Comparative Negligence
Rhode Island applies the modified comparative negligence rule under which a plaintiff cannot recover if their negligence is equal to or greater than the defendant's negligence. If you are found 50% or more responsible, you are barred from recovery entirely; only if you are 49% or less at fault can you recover your proportionate damages. This is a stricter bar than some modified comparative negligence states that allow recovery at exactly 50%.
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 Rhode Island.