Comparative Negligence
In one sentence
A rule that reduces damages based on the victim's own percentage of fault.
Plain English
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).
Example
A pedestrian was hit by a car while jaywalking. The jury determined the driver was 70% at fault for speeding and the pedestrian was 30% at fault for not using the crosswalk. The pedestrian's $100,000 award was reduced by 30%, resulting in a $70,000 payment.
Used in a sentence
“Under the state's comparative negligence rule, even though she was partially at fault, she could still recover damages.”
How Comparative Negligence differs by state
Comparative Negligence can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama bars recovery if the plaintiff is more than 50% at fault; otherwise damages reduce by plaintiff's percentage.
Alaska
Alaska allows recovery even if plaintiff is 99% at fault; damages reduce by plaintiff's exact percentage of negligence.
Arizona
Arizona bars recovery if plaintiff is as much or more at fault than defendant; otherwise damages reduce proportionally.
Arkansas
Arkansas bars recovery if plaintiff is more than 50% at fault; damages reduce by plaintiff's percentage otherwise.
California
California allows recovery at any fault level; damages reduce by plaintiff's exact percentage of comparative negligence.
Colorado
Colorado uses pure comparative negligence; you recover damages even if 99% at fault.
Connecticut
Connecticut uses pure comparative negligence with no bar to recovery based on plaintiff's fault percentage.
Delaware
Delaware applies pure comparative negligence; plaintiff recovers reduced damages regardless of fault percentage.
Florida
Florida uses modified comparative negligence; plaintiffs cannot recover if more than 50% at fault.
Georgia
Georgia bars recovery entirely if plaintiff is 50% or more at fault under modified comparative negligence.
Hawaii
Hawaii uses pure comparative negligence, allowing recovery even if you are 99% at fault.
Idaho
Idaho bars recovery if you are 50% or more at fault under the comparative negligence rule.
Illinois
Illinois bars recovery if you are more than 50% at fault; damages reduce by your fault percentage.
Indiana
Indiana bars recovery if you are 50% or more at fault; damages reduce by your percentage.
Iowa
Iowa bars recovery if you are 50% or more at fault; damages reduce by your fault share.
Kansas
Kansas follows pure comparative negligence, allowing recovery even if you are mostly at fault.
Kentucky
Kentucky uses pure comparative negligence with no bar to recovery based on plaintiff's percentage of fault.
Louisiana
Louisiana applies pure comparative fault under Civil Code Article 2323, allowing recovery at any fault level.
Maine
Maine follows pure comparative negligence, permitting recovery proportional to defendant's fault regardless of plaintiff's negligence.
Maryland
Maryland uses modified comparative negligence, barring recovery if plaintiff is 50% or more at fault.
Massachusetts
Massachusetts uses pure comparative negligence, allowing recovery even if you are 99% at fault.
Michigan
Michigan bars recovery if plaintiff is more than 50% at fault under modified comparative negligence.
Minnesota
Minnesota uses pure comparative negligence, permitting recovery regardless of plaintiff's percentage of fault.
Mississippi
Mississippi bars recovery if plaintiff's negligence equals or exceeds the defendant's under modified comparative negligence.
Missouri
Missouri bars recovery if plaintiff is 50% or more at fault under modified comparative negligence.
Montana
Montana uses pure comparative negligence; you recover damages even if you are 99% at fault.
Nebraska
Nebraska bars recovery if you are more than 50% at fault; this is a modified comparative negligence rule.
Nevada
Nevada uses pure comparative negligence; you recover your proportional share of damages regardless of fault percentage.
New Hampshire
New Hampshire bars recovery if you are as much or more at fault than the defendant; modified comparative negligence applies.
New Jersey
New Jersey uses pure comparative negligence; you recover your proportional damages even if you are mostly at fault.
New Mexico
New Mexico follows pure comparative negligence; you recover damages even if 99% at fault.
New York
New York uses pure comparative negligence; you can recover even if mostly at fault.
North Carolina
North Carolina bars recovery if you are more than 50% at fault (contributory negligence bar).
North Dakota
North Dakota bars recovery if you are 50% or more at fault (modified comparative negligence).
Ohio
Ohio bars recovery if you are 50% or more at fault (modified comparative negligence).
Oklahoma
Oklahoma uses pure comparative negligence, allowing recovery even if you are 99% at fault.
Oregon
Oregon uses pure comparative negligence with no bar to recovery regardless of plaintiff's fault percentage.
Pennsylvania
Pennsylvania bars recovery if the plaintiff is more than 50% at fault (modified comparative negligence).
Rhode Island
Rhode Island bars recovery if the plaintiff is equal to or greater than 50% at fault.
South Carolina
South Carolina bars recovery if the plaintiff is 50% or more at fault (modified comparative negligence).
South Dakota
South Dakota follows pure comparative negligence, allowing recovery even if you are mostly at fault.
Tennessee
Tennessee uses modified comparative negligence; you cannot recover if your fault equals or exceeds the defendant's.
Texas
Texas uses modified comparative negligence; you lose all damages if your fault is 51% or greater.
Utah
Utah follows comparative negligence with a 50% bar; you cannot recover if your fault equals or exceeds the defendant's.
Vermont
Vermont applies pure comparative negligence, allowing recovery proportional to defendant's fault regardless of plaintiff's negligence level.
Virginia
Virginia uses pure comparative negligence; you recover even if 99% at fault, but damages reduce by your percentage.
Washington
Washington uses pure comparative negligence; you can recover even if 99% at fault, with damages reduced proportionally.
West Virginia
West Virginia uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
Wisconsin
Wisconsin uses pure comparative negligence; you recover even if 99% at fault, with damages reduced by your percentage.
Wyoming
Wyoming uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
District of Columbia
DC uses pure comparative negligence, allowing recovery even if plaintiff is 99% at fault.
Related terms
Negligence
Failure to exercise reasonable care that results in harm to another person.
Punitive Damages
Extra money awarded to punish wrongful conduct and deter future misconduct.
Restitution Damages
Compensation that returns to you the value of a benefit the other party received from you.
battery
Intentional physical contact with another person without consent.
Defamation
A false statement that damages someone's reputation and causes real harm.
Warranty
A promise that something is true or will work as described.
Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.