Negligence in West Virginia
State-specific overview · Tort Law
West Virginia applies modified comparative negligence: plaintiffs recover only if their negligence is less than the defendant's (under 50%).
How West Virginia treats Negligence
West Virginia bars recovery if the plaintiff's negligence is equal to or greater than the defendant's negligence. A plaintiff 49% at fault can recover 51% of damages, but a plaintiff 50% or more at fault recovers nothing. This rule is codified in West Virginia law and applies across all negligence cases. The state uses the same negligence elements as other jurisdictions but enforces this comparative bar strictly.
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 West Virginia.