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Statutes of Limitations

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How long is the statute of limitations for comparative negligence claims?

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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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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