Comparative Negligence

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.
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.
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.
DELAWARE
Pure comparative negligence applies.
DISTRICT OF COLUMBIA
Not adopted.
FLORIDA
Comparative negligence applies, however, numerous special rules apply to amounts to percentages of comparative fault and their effect on liability and damage awards.
GEORGIA
Comparative negligence rule applies but if plaintiff is 50% or more responsible or where plaintiff by ordinary care could have avoided consequences of negligence, no recovery allowed. If plaintiff less than 50% at fault, recovery is reduced by plaintiff's percent of fault.
HAWAII
Plaintiff barred from recovery if his/her percentage of fault is greater than 50%. Otherwise award is diminished by plaintiff's percentage of fault.
IDAHO
Pure comparative negligence applies.
ILLINOIS
Modified comparative negligence rule. 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
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
Applies but not if plaintiff's negligence is greater than 50%. Damages reduced by plaintiff's percentage of fault.
MICHIGAN
Adopted
MINNESOTA
Adopted
MISSISSIPPI
Applies, but plaintiff's recovery is diminished by percentage of fault.
MISSOURI
Applies.
MONTANA
Applies
NEBRASKA
Applies.
NEVADA
Applies only if plaintiff's fault is 50% or less, and plaintiff's recovery is diminished by degree of fault.
NEW HAMPSHIRE
Applies, and plaintiff's recovery reduced by amount of fault.
NEW JERSEY
Applies, unless plaintiff's negligence is greater than 50%.
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
Applies, unless plaintiff is 50% or more responsible.
OHIO
Applies
OKLAHOMA
Applies.
OREGON
Does not bar recovery unless plaintiff's fault exceeds 50%.
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.
VERMONT
Applies unless plaintiff is more than 50% responsible.
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 is 50% or more responsible.
WISCONSIN
Plaintiff may recover damages unless they are more than 50% responsible.
WYOMING
Plaintiff barred unless 50% or less responsible.

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