Negligence in Wyoming
State-specific overview · Tort Law
Wyoming applies modified comparative negligence: plaintiffs cannot recover if their negligence is as great as or greater than the defendant's.
How Wyoming treats Negligence
Wyoming bars recovery if the plaintiff's negligence is equal to or exceeds the defendant's negligence. A plaintiff 49% at fault recovers 51% of damages; a plaintiff 50% at fault recovers nothing. Wyoming courts apply the standard four-element negligence test and enforce this comparative bar consistently across civil cases. The state's rule aligns with the traditional modified comparative negligence approach used in several other states.
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 Wyoming.