Negligence in Virginia
State-specific overview · Tort Law
Virginia follows traditional negligence rules with a strict comparative negligence bar: plaintiffs cannot recover if they are 50% or more at fault.
How Virginia treats Negligence
Virginia applies pure comparative negligence but bars recovery entirely if the plaintiff's negligence equals or exceeds the defendant's. A plaintiff who is 49% at fault can recover 51% of damages, but a plaintiff who is 50% at fault recovers nothing. Virginia courts require proof of duty, breach, causation, and damages—the same elements as most states—but the 50% bar is notably stricter than many jurisdictions that allow recovery up to 50% or 51% fault.
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 Virginia.