Comparative fault is a rule that determines how damages in negligence lawsuits are handled when plaintiffs might share responsibility. Learn more.
Topic Overview
When someone is harmed and files a lawsuit, they often blame another party for the harms they experienced. But sometimes, courts determine that a plaintiff’s negligence was at least partially responsible for their harms or some of their harms.
When both the plaintiff and defendant(s) bear some responsibility, who has to pay damages? Comparative fault is one way courts answer that question. Keep reading to learn more about comparative fault.
Key takeaways about comparative fault
- In some lawsuits, plaintiffs and defendant(s) may both bear some responsibility for harms that occurred.
- Comparative fault allows courts to assign a percentage of the blame to various parties in the lawsuit, which also impacts a plaintiff’s recovery of damages.
- States follow different comparative fault rules, such as pure comparative fault, modified comparative fault, contributory negligence and other variations.
Comparative fault definition
Comparative fault assigns a portion or percentage of fault in a negligence claim. For example, in a case with three defendants, a court can assign percentages of fault to all three defendants, depending on the degree of negligence demonstrated by the facts. A court can also assign a portion of the blame to the plaintiff. This was used as a defense in litigation against tobacco companies.
Comparative fault is also referred to as comparative negligence.
Pure comparative fault vs. modified comparative fault
In the U.S., states follow various types of comparative negligence.
In states with pure comparative negligence, the amount of damages available to a plaintiff is limited by how much fault the court assigns. Even if the court finds them 99 percent at fault, they might be able to reach a settlement or win compensation in a trial.
States with modified comparative negligence may follow one of two rules:
- 50 percent bar rule: If the plaintiff is 50% or more at fault, they can’t claim damages.
- 51 percent bar rule: If the plaintiff is 51% or more at fault, they can’t claim damages.
What is contributory negligence?
Contributory negligence prevents a plaintiff from being compensated for a defendant’s negligence if they were also negligent in causing harm. Even if the court finds that a defendant was far more negligent than the plaintiff, the plaintiff still can’t recover damages. Unlike comparative fault, this tort rule takes an all-or-nothing approach.
Most states have shifted away from contributory negligence in favor of comparative negligence. Only Alabama, Maryland, North Carolina and Virginia still use contributory negligence.
Some jurisdictions take hybrid approaches. South Dakota uses a modified rule called slight negligence. It allows the plaintiff to receive damages that are reduced in proportion to their negligence. Washington, D.C. law modifies the contributory negligence rule by creating an exception for collisions on public highways or sidewalks between vehicles, pedestrians and other vulnerable users.
What types of cases involve comparative fault?
Comparative fault may be a factor in cases involving personal injury. Here are a few examples:
- Aviation accidents: An aircraft owner who failed to adhere to a manufacturer’s maintenance specifications could be partially liable, even if the aircraft or its components were defective.
- Corporate negligence: Companies are expected to uphold reasonable standards of care. Corporate negligence cases hold them accountable when their actions create harm, but comparative fault can be a factor in settlement negotiations or jury awards.
- Medical malpractice: In cases in which a patient doesn’t follow a physician’s instructions, they could be found partially liable.
- Traffic accidents: Vehicle operators, cyclists and pedestrians who failed to obey a traffic law could be partially liable, even if another party’s actions also contributed to the injury. Comparative fault can also be a factor in cases in which a bus passenger doesn’t follow the driver’s safety instructions.
Negligence laws by state
States have authority over how courts handle negligence. Check the charts to see how your state approaches negligence laws. Always consult an attorney to verify whether your jurisdiction’s laws have changed or whether there are certain exceptions.
States using contributory negligence
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, D.C. (with certain exceptions)
States using modified comparative negligence
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Maine
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- Tennessee
- Texas
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
States using pure comparative negligence
- Alaska
- Arizona
- California
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
States using slight negligence
- South Dakota
Our litigation experience
Motley Rice is a nationally recognized law firm that represents individuals and families in personal injury and wrongful death cases. Our attorneys have the knowledge to evaluate applicable statutes to determine what negligence laws are relevant to your case.
Our team has represented plaintiffs in cases involving:
Learn more about our cases involving complex laws.
- Sources
- Cornell University. Comparative negligence.
- Cornell University. Contributory negligence.
- Justia. Comparative & Contributory Negligence Laws: 50-State Survey.
- U.S. Claims. State by State Negligence Laws.