Fault Rules by State: Comparative and Contributory Negligence (2026)
Whether each state uses pure comparative fault, modified comparative fault (50% or 51% bar), or contributory negligence.
| State | Fault rule (comparative negligence) |
|---|---|
| Alaska | Pure comparative fault. An injured person's own share of fault reduces the damages in proportion but does not bar recovery, no matter how large that share is. Fault is allocated by percentage among all responsible parties, including some non-parties. Alaska Stat. §§ 09.17.060, 09.17.080 |
| Arizona | Pure comparative negligence. If the jury finds the injured person was partly at fault, the claim is not barred, but damages are reduced in proportion to that person's share of fault. A claimant who intentionally, willfully or wantonly caused or contributed to the injury does not get the benefit of comparative negligence. Ariz. Rev. Stat. § 12-2505 |
| Arkansas | Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault. Ark. Code Ann. § 16-64-122 |
| Colorado | Modified comparative negligence (50% bar). An injured person can recover if his or her negligence was not as great as the negligence of the person being sued; damages are reduced by the injured person's percentage of fault. If the injured person's share is equal to or greater than the defendant's, the court enters judgment for the defendant. Each defendant generally pays only its own percentage of fault. Colo. Rev. Stat. §§ 13-21-111, 13-21-111.5 |
| Connecticut | Modified comparative negligence (51% bar). In negligence cases, an injured person can recover if his or her negligence was not greater than the combined negligence of the defendants (including settled or released parties). Damages are reduced by the injured person's percentage of negligence. Each defendant is generally liable only for its proportionate share of damages. Conn. Gen. Stat. § 52-572h |
| Delaware | Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Del. Code tit. 10, § 8132 |
| District of Columbia | Under the Motor Vehicle Collision Recovery Act, a pedestrian or "vulnerable user" (such as a cyclist or scooter, skateboard or motorcycle rider) hit by a motor vehicle or another vulnerable user is not barred from recovering because of his or her own negligence, unless that negligence was a proximate cause of the injury and greater than the combined negligence of all defendants. D.C. Code §§ 50-2204.51, 50-2204.52 |
| Florida | Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault. Fla. Stat. § 768.81(2), (3), (6) |
| Georgia | Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share. O.C.G.A. § 51-12-33 |
| Hawaii | Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant. Haw. Rev. Stat. § 663-31 |
| Idaho | Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share. Idaho Code § 6-801 |
| Illinois | Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse. 735 ILCS 5/2-1116 |
| Indiana | Modified comparative fault (51% bar). An injured person is barred from recovery if his or her fault is greater than the combined fault of all others whose fault contributed to the damages; otherwise damages are reduced in proportion to his or her fault. Ind. Code § 34-51-2-6 |
| Iowa | Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault. Iowa Code § 668.3 |
| Kansas | Modified comparative negligence (50% bar). An injured party can recover only if his or her negligence was less than the negligence of the party or parties being sued; damages are reduced in proportion to his or her negligence. In a wrongful death case, the deceased person's negligence is imputed to the person claiming damages. Kan. Stat. Ann. § 60-258a(a) |
| Kentucky | Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault. KRS 411.182 |
| Louisiana | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. La. Civ. Code art. 2323 |
| Maine | Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover. 14 M.R.S. § 156 |
| Maryland | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. Coleman v. Soccer Ass'n of Columbia, No. 9, Sept. Term 2012 (Md. July 9, 2013); Harrison v. Montgomery County Bd. of Educ., 295 Md. 442 (1983) |
| Massachusetts | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases. M.G.L. c. 231, § 85 |
| Michigan | Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault. MCL 600.2959; MCL 500.3135(2)(b) |
| Minnesota | Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished. Minn. Stat. § 604.01, subds. 1, 1a |
| Mississippi | Pure comparative negligence. In actions for personal injury, death or property damage, the injured person's contributory negligence does not bar recovery; the jury reduces damages in proportion to that person's share of negligence. Miss. Code Ann. § 11-7-15 |
| Missouri | Pure comparative fault. In product liability claims, the statute expressly applies pure comparative fault: the plaintiff's fault reduces the award proportionately but does not bar recovery. Missouri applies the same pure comparative fault approach to negligence cases generally through court decisions. In dog-bite cases, damages are reduced by the injured person's percentage of fault. Mo. Rev. Stat. §§ 537.765, 273.036 |
| Montana | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Mont. Code Ann. § 27-1-702 |
| Nebraska | Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation. Neb. Rev. Stat. § 25-21,185.09 |
| Nevada | Modified comparative negligence (51% bar). The plaintiff's comparative negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of multiple defendants; the jury finds total damages and each party's percentage of negligence, and damages are reduced accordingly. NRS 41.141 |
| New Hampshire | Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it. RSA 507:7-d |
| New Jersey | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant (or the combined negligence of the defendants); damages are reduced by the injured person's percentage of negligence. N.J.S.A. 2A:15-5.1 |
| New Mexico | New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations. NMSA 1978, § 41-3A-1 |
| New York | Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share of the fault. Exception: in personal injury cases covered by New York's no-fault auto insurance law (Insurance Law article 51), the injured person cannot recover at all if his or her share of fault is greater than that of the defendant (or of all defendants combined). N.Y. CPLR 1411(a), (b) |
| North Carolina | Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant. N.C. Gen. Stat. §§ 1-139, 143-291(a) |
| North Dakota | Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert. N.D. Cent. Code § 32-03.2-02 |
| Ohio | Modified comparative fault (51% bar). An injured person can recover as long as their own fault was not greater than the combined fault of all other persons; damages are reduced by the injured person's percentage of fault. A person found more than 50% at fault recovers nothing. Ohio Rev. Code § 2315.33 |
| Oklahoma | Modified comparative negligence (51% bar). An injured person's own negligence does not bar recovery unless it is of greater degree than the negligence of the person causing the harm, or greater than the combined negligence of all persons causing it. The statute covers personal injury, wrongful death and property damage claims. 23 Okla. Stat. § 13 |
| Oregon | Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault. Or. Rev. Stat. § 31.600 |
| Pennsylvania | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault. 42 Pa.C.S. § 7102 |
| Rhode Island | Pure comparative negligence. An injured person's own negligence, or the fact that the danger was open and obvious, does not bar recovery; damages are reduced in proportion to the injured person's share of negligence, even if it is greater than the defendant's. R.I. Gen. Laws § 9-20-4 |
| South Dakota | South Dakota uses a "slight negligence" comparison rather than a percentage bar. An injured person's contributory negligence does not bar recovery if it was slight in comparison with the defendant's negligence; damages are then reduced in proportion to the injured person's negligence. If the injured person's negligence was more than slight in comparison, recovery is barred. The jury decides this without being told any percentage of fault found by special question. S.D. Codified Laws § 20-9-2 |
| Tennessee | Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault. Tenn. Code Ann. § 29-39-102(b) |
| Texas | Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 |
| Utah | Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. If the injured person is 50% or more at fault, they recover nothing. Each defendant pays only its own share of fault. Utah Code § 78B-5-818 |
| Vermont | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct. 12 V.S.A. § 1036 |
| Washington | Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault. Rev. Code Wash. § 4.22.005 |
| West Virginia | Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together. W. Va. Code §§ 55-7-13a, 55-7-13c |
| Wisconsin | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the negligence of the person from whom recovery is sought; damages are reduced in proportion. The injured person's negligence is compared separately against each defendant. A defendant less than 51% at fault pays only its percentage share. Wis. Stat. § 895.045(1) |
| Wyoming | Modified comparative fault (51% bar). A claimant can recover if their fault is not more than 50% of the total fault of all actors; damages are reduced by the claimant's percentage of fault. The jury is told the consequences of its fault percentages. Wyo. Stat. § 1-1-109(b)–(d) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.