Pure Comparative Fault

Plaintiff’s awarded damages will be reduced by his share of the fault. A.R.S. § 12-2505.

Pure Comparative Fault

Plaintiff’s negligence will offset defendant’s liability. Li v. Yellow Cab, 119 Cal. Rptr. 858 (Cal. 1975); Diazv. Carcamo, 253 P.3d 535 (Cal. 2011).

Pure Comparative Fault

Plaintiff’s share of fault will reduce defendant’s liability. K.R.S. § 411.182.

Pure Comparative Fault

Except for intentional torts, defendant’s liability will be offset by plaintiff’s percentage of liability. L.S.A. - C.C. Art. 2323.

Pure Comparative Fault

Plaintiff’s right to damages may be reduced by his own liability, but he will not be barred from recovering. M.C.A. § 11-7-15.

Pure Comparative Fault

If plaintiff is negligent, that will reduce the liability of the defendant. Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983).

Pure Comparative Fault

Plaintiff’s negligence will reduce right to recovery, but it will not bar that right. Scott v. Rizzo, 634 P.2d 1234 (N.M. 1981).

Pure Comparative Fault

Plaintiff’s damages will be reduced by their own liability, but not barred completely. N.Y. C.P.L.R. § 1411.

Pure Comparative Fault

Plaintiff’s negligence may be considered in his right to recovery. R.I.G.L. § 9-20-4.

Pure Comparative Fault

Plaintiff’s negligence will be allocated their own percentage portion, for which defendants will not be held responsible. R.C.W.A. §§ 4.22.005-015.

Modified Comparative Fault – 50% Bar

Plaintiff’s recovery will be barred if he is found 50% or more at fault. A.C.A. § 16-64-122.

Modified Comparative Fault – 50% Bar

Plaintiff’s comparative negligence will offset defendant’s liability, and if plaintiff’s negligence is equal to or higher than the defendants combined, recovery is barred. C.R.S. § 13-21-111; Kussman v. Denver, 706 P.2d 776 (Colo. 1985); B.G.’s, Inc. v. Gross, 23 P.3d 691 (Colo. 2001).

Modified Comparative Fault – 50% Bar

Total liability will be reduced by plaintiff’s percentage of fault, as long as plaintiff is less than 50% at fault. O.C.G.A. §§ 51-11-7 and 51-12-33.

Modified Comparative Fault – 50% Bar

Plaintiff may not recover if he is 50% or more at fault. Idaho Code § 6-801.

Modified Comparative Fault – 50% Bar

Plaintiff’s share of the fault will offset the defendant’s liability. K.S.A. § 60-258a(a).

Modified Comparative Fault – 50% Bar

Damages attributed to defendants will be reduced by plaintiff’s negligence. 14 M.R.S.A. § 156.

Modified Comparative Fault – 50% Bar

Plaintiff’s negligence will proportionately diminish their recovery, and recovery will be barred if 50% or more liable. Neb. Rev. Stat. §§ 25-21 and 185.11.

Modified Comparative Fault – 50% Bar

If plaintiff is negligent, the degree of fault will reduce his recovery, until it equals the fault of others, then it will be barred. N.D.C.C. § 32-03.2-02.

Modified Comparative Fault – 50% Bar

Plaintiff’s right to damages may be reduced by his own liability, but he will not be barred from recovering. McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).

Modified Comparative Fault – 50% Bar

Plaintiff can only recover where the fault of the defendant, or group of defendants, exceeds the fault of the plaintiff. U.C.A. § 78B-5-818(2).

Modified Comparative Fault – 51% Bar

If a particular defendant is uncollectable, their portion of damages may be reapportioned among the remaining defendants - in the same portion as their share of the liability. C.G.S.A. § 52-572(h).

Modified Comparative Fault – 51% Bar

If defendant’s conduct was plain negligence, and plaintiff is more than 50% at fault, plaintiff cannot recover. 1 Del. C. § 8132; Brittingham v. Layfield, 962 A.2d 916 (Del. 2008).

Modified Comparative Fault – 51% Bar

In a negligence action, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. Does not apply to an action arising out of medical negligence pursuant to chapter 766 (medical malpractice). Fla. Stat. Ann. § 768.81. Florida was previously a pure comparative fault state but the law was changed to modified comparative fault on 3/24/23. The change applies to all negligence lawsuits that are filed after the effective date of H.B. 837, which was March 24, 2023. Negligence lawsuits filed prior to that date should still be under the pure comparative negligence standard, but those filed after 3/24/23, will be subject to the new modified comparative negligence standard. Note that there is a Florida trial court decision (non-binding) has determined that § 768.81(6) is procedural in nature and allowed the defendant to amend its Answer and Affirmative Defenses to assert the new comparative fault standard. The Court relied on the 1973 Supreme Court decision in Hoffman v. Jones to determine the law was procedural in nature. In the order, the Court noted section 30 of HB 837 which states “except as otherwise expressly provided in this act, this act shall apply to causes of action filed after the effective date of this act” but held that it was procedural notwithstanding § 30.

Modified Comparative Fault – 51% Bar

As long as plaintiff’s fault is not greater than combined defendants’ fault, they can recover, minus the pro-rata share of their own fault. Haw. Rev. Stat. § 663-31.

Modified Comparative Fault – 51% Bar

Damages will be reduced pro-rata by amount of plaintiff’s negligence. 735 I.L.C.S. § 5/2-1116.

Modified Comparative Fault – 51% Bar

Pure Contributory Negligence if Government Entity Involved—1% Bar

Plaintiff will be barred from recovery if he is more than 50% at fault - under 50% will reduce pro-rata damages. I.C. § 34-51-2-6.

Section 34-51-2-2 provides that the Comparative Fault Act does not apply “to tort claims against governmental entities or public employees.” Pure contributory negligence applies to any tort claims against government entities or public employees, which means that if the plaintiff is 1% at fault or more, recovery is prohibited. I.C. § 34-51-2-2.

Modified Comparative Fault – 51% Bar

Plaintiff’s negligence will offset defendant’s liability, but plaintiff cannot recover if he is more than 50% at fault. I.C.A. § 668.3(1)(b).

Modified Comparative Fault – 51% Bar

Plaintiff cannot recover if more at fault than defendants; otherwise, plaintiff’s negligence will reduce defendant’s liability. M.G.L.A. 231 § 85.

Modified Comparative Fault – 51% Bar

Plaintiff’s recovery may be reduced by percentage of loss attributable to him, and at 51% fault, plaintiff’s economic damages are reduced and non-economic damages are barred. M.C.L.A. § 600.2959.

Modified Comparative Fault – 51% Bar

Defendant’s liability will be reduced in proportion to plaintiff’s fault, as long as plaintiff’s fault is less than defendant’s fault. If plaintiff is 50% at fault, and there are multiple defendants, each less than 50% liable, plaintiff is barred from recovery. M.S.A. § 604.01(1).

Modified Comparative Fault – 51% Bar

Plaintiff’s negligence, if less than total defendant’s portion of fault, will reduce his recovery. Mont. Stat. § 27-1-702.

Modified Comparative Fault – 51% Bar

If plaintiff’s negligence is less than combined negligence of the defendant’s fault, he can only recover damages not attributable to his own fault. N.R.S. § 41-141.

Modified Comparative Fault – 51% Bar

Plaintiff’s recovery will be barred if his fault is greater than defendant’s fault, and if not, his damages can still be reduced by his portion of negligence. N.H. Rev. Stat. Ann. § 507:7(d).

Modified Comparative Fault – 51% Bar

If plaintiff’s negligence is not greater than that of the defendant, plaintiff can recover but will find his damages proportionately reduced. N.J.S.A. § 2A:15-5.1.

Modified Comparative Fault – 51% Bar

If plaintiff’s liability exceeds that of the defendant, he may be barred from recovery. Ohio Rev. Code Ann. § 2315.33.

Modified Comparative Fault – 51% Bar

Plaintiff cannot recover if it is 51% or more at fault. If 50% or less at fault, it can recover, although its recovery is reduced by its degree of fault. If plaintiff is 10% at fault, plaintiff gets 90% recovery. Okla. Stat. Ann. Tit. 23 § 13.

Modified Comparative Fault – 51% Bar

With his own negligence, plaintiff’s recovery will not be barred, but it may diminish his right to damages. Or. Rev. Stat. Ann. § 31.600.

Modified Comparative Fault – 51% Bar

Plaintiff’s negligence will diminish, but not bar, his recovery, unless he was more negligence than defendants. 42 P.S. § 7102.

Modified Comparative Fault – 51% Bar

Plaintiff’s negligence cannot exceed that of the defendant(s). Ross v. Paddy, 340 S.C. 428, 532 S.E.2d 612 (Ct. App. 2000).

Modified Comparative Fault – 51% Bar

Plaintiff may find his damages reduced by his portion of fault. Tex. Civ. Prac. & Rem. Code Ann. §§ 33.001-33.017.

Modified Comparative Fault – 51% Bar

Plaintiff can only recover the amount of damages not attributable to his own negligence. Vt. Stat. Ann. Tit. 12, § 1036.

Modified Comparative Fault – 51% Bar

Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff’s fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded. If the plaintiff’s fault is less than the combined fault of all other persons, the plaintiff’s recovery shall be reduced in proportion to the plaintiff’s degree of fault. W. Va. Code § 55-7-13a to § 55-7-13d (effective 5/15/15). Note that this is a new law effective May 25, 2015—the date of its enactment. W. Va. Code § 55-7-13d. For causes of action accruing before May 25, 2015, West Virginia’s old joint and several liability system controls – the 50% bar rule.

Modified Comparative Fault – 51% Bar

Damages will be reduced by plaintiff’s fault, and barred completely where plaintiff is more negligent than defendant. Wis. Stat. § 895.045(1).

Modified Comparative Fault – 51% Bar

Plaintiff’s own negligence will never bar recovery completely, but may limit their recovery in proportion to their liability. Wyo. Stat. § 1-1-109(b).