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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.

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 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

Applies.

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, unless plaintiff more than 50% responsible.

OKLAHOMA

Applies.

OREGON

Does not bar recovery unless plaintiff’s fault exceeds 50%.

PENNSYLVANIA

Applies.

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 is less than 50% responsible.

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.