- ALABAMA
- No comparative negligence rule so any contributory negligence on the part of the plaintiff will bar a recovery.
- ALASKA
- Pure comparative negligence rule applies. Uniform Comparative Fault Act is not adopted.
- ARIZONA
- Pure comparative negligence rule adopted except defendant is not liable where plaintiff is under the influence of alcohol or drugs and is at least 50% responsible. Also, where plaintiff was harmed while committing felony, or where plaintiff was harmed by defendant’s negligence or gross negligence while attempting to commit misdemeanor or criminal act on defendant’s property.
- ARKANSAS
- Modified comparative negligence in that plaintiff’s fault must be less than that of defendant’s in order to recover. Damages are reduced by plaintiff’s degree of fault.
- CALIFORNIA
- Pure comparative negligence applies.
- COLORADO
- Not bar to recovery if negligence of person seeking recovery not as great as negligence of person against whom recovery is sought. Negligence of multiple defendants is to be combined when compared against plaintiff’s negligence and damages. Recovery from multiple defendants found liable unless plaintiff was 50% or more at fault.
- CONNECTICUT
- Pure comparative negligence applies and plaintiff’s damages are reduced by degree of plaintiff’s fault. Contributory or comparative negligence cannot bar recovery in strict liability. If more than one person is liable, each person against whom recovery is allowed shall be liable to claimant only for his share of recoverable economic and non-economic damages.
- DELAWARE
- Pure comparative negligence applies.
- DISTRICT OF COLUMBIA
- Not adopted.
- FLORIDA
- Comparative negligence adopted.
- GEORGIA
- Comparative negligence rule applies but if plaintiff is responsible to some degree for injury, trier of fact determines percentage of plaintiff's fault and reduces the amount of damages proportionally. If negligence by plaintiff is equal to or exceeds that of defendant, or where plaintiff by ordinary care could have avoided consequences caused by defendant's negligence, there can be no recovery.
- HAWAII
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Contributory negligence does not bar recovery if such negligence was not greater than negligence of person. Damages are diminished in proportion attributable to injured claimant.
- IDAHO
- Pure comparative negligence applies.
- ILLINOIS
- Modified comparative negligence rule.
In all actions on account of bodily injury or death or physical damage to property, in which recovery is predicated on fault, plaintiff is barred from recovering damages if contributory fault of plaintiff is more than 50% of proximate cause of injury or damage for which recovery is sought. If contributory fault of plaintiff is less than 50%, any damages allowed shall be diminished in proportion to amount of fault attributable to plaintiff.
Numerous specific rules apply and should be consulted based on amount of recovery. - INDIANA
- Plaintiff may not recover damages if 50% or more responsible for occurrence.
- IOWA
- Plaintiff cannot recover damages if they are 51% or more responsible and damage is diminished by plaintiff’s percent of fault.
- KANSAS
- Adopted
- KENTUCKY
- Pure comparative negligence adopted.
- LOUISIANA
- Pure comparative negligence rule applies; however, no recovery by plaintiff if blood alcohol level .08% or more while operating a car, boat, or aircraft and plaintiff more than 25% negligent.
- MAINE
- Modified comparative negligence rule: Plaintiff can recover only if his/her percentage of fault is less than that of defendant.
- MARYLAND
- Comparative negligence rule not adopted.
- MASSACHUSETTS
-
Comparative negligence rule has been adopted. Contributory negligence does not bar recovery if plaintiff's negligence is not greater than total amount of negligence attributable to defendants, but any damages allowed must be diminished in proportion to amount of negligence attributable to injured party.
- MICHIGAN
- Adopted
- MINNESOTA
- Adopted
- MISSISSIPPI
- Applies, but plaintiff’s recovery is diminished by percentage of fault.
- MISSOURI
- Applies
- MONTANA
- Applies
- NEBRASKA
-
Fault of plaintiff diminishes proportionately amount of award; if plaintiff's fault is equal to or greater than fault of all defendants, plaintiff cannot recover.
- NEVADA
-
Negligence of plaintiff does not bar recovery for damages for death, injury to person or property if his negligence was not greater than negligence of defendant. Damages allowed are diminished in proportion to amount of plaintiff's negligence.
- NEW HAMPSHIRE
- Contributory negligence is not bar to recovery if plaintiff's negligence is not greater than defendant's. Damages reduced in proportion to negligence of plaintiff.
- NEW JERSEY
- Adopted. Contributory negligence not bar unless plaintiff's negligence is greater than defendant's. If not greater, judgment reduced by plaintiff's percentage of negligence.
- NEW MEXICO
- Applies
- NEW YORK
- Applies and diminishes plaintiff’s recovery by degree of plaintiff’s degree of fault.
- NORTH CAROLINA
- No comparative negligence.
- NORTH DAKOTA
- Contributory fault does not bar recovery in action to recover damages for death or injury unless fault was as great as combined fault of all other parties.
- OHIO
- Contributory negligence not bar if contributory negligence was not greater than combined negligence of defendant and of all other persons from whom complainant does not seek recovery. Compensatory damages must be reduced by percentage of contributory negligence.
- OKLAHOMA
- Adopted. For causes of action occuring after November 1st 2004, joint and several liability among torfeasors does not apply if plaintiff is not adjudged comparatively negligent. Lieability is several except for cases in which defendant's responsibility is determined to be greater than 50% or in which any joint tortfeasor acted with reckless disregard for consequences.
- OREGON
- Does not bar recovery unless plaintiff’s fault is less than that of the defendant. Damages allowed are diminished in proportion to percentage of fault attrubutable to claimant.
- PENNSYLVANIA
-
Adopted by statute in all actions brought to recover damages for negligence resulting in death or injury to person or property. Liability is joint and several for intentional torts or where defendant liable for 60% or more of total liability apportioned to all parties, with right of contribution. Otherwise, responsibility apportioned among defendant, settling nonparties, and other nonparties.
- PUERTO RICO
- Applies
- RHODE ISLAND
- Applies
- SOUTH CAROLINA
- Rule applies unless plaintiff is more than 50% responsible.
- SOUTH DAKOTA
- Only reduces plaintiff’s recovery if plaintiff’s negligence found to be slight.
- TENNESSEE
- Rule applies if plaintiff's negligence is less than combined negligence of all tortfeasors.
- TEXAS
- Proportionate responsibility rule adopted. Claimant may not recover damages if percentage of responsibility is greater than 50%.
Damages are reduced in proportion to amount of responsibility attributed to settling persons. - U.S. VIRGIN ISLANDS
-
Applies
- UTAH
- Applies. Plaintiff may recover from any defendant or group of defendants whose fault exceeds his own. However, no defendant is liable to any person seeking recovery for any amount in excess of proportion of fault attributable to that defendant.
- VERMONT
-
Adopted. Contributory negligence does not bar recovery if plaintiff's negligence was not greater than causal total negligence of defendant or defendants, but damage shall be diminished in proportion to amount of negligence attributed to plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of total dollar amount awarded as damages in ratio of amount of his causal negligence to amount of causal negligence attributed to all defendants against whom recovery is allowed.
- VIRGINIA
- Rule does not apply except in certain railroad crossing cases.
- WASHINGTON
- Rule applies but numerous qualifying statutes must be considered.
- WEST VIRGINIA
- Applies, except if plaintiff's negligence or fault does not equal or exceed combined negligence or fault of other parties involved.
- WISCONSIN
- Plaintiff may recover damages unless they are more than 50% responsible.
- WYOMING
- Plaintiff barred unless 50% or less responsible.