Comparative Negligence by State

Which fault rule each state uses when an injured person shares the blame: pure comparative, 51% bar, 50% bar, contributory negligence or slight/gross, with the statute or case behind each.

Updated Oct 12, 2026How we calculate

Pure comparative · 1051% bar · 2450% bar · 11Contributory · 5Slight/gross · 1

State	Fault rule	What it means for you	Source
Alabama	Contributory	Almost any fault on your side can bar recovery completely. Narrow exceptions, such as the other driver’s wanton conduct or the last clear chance doctrine, can still allow recovery.	Williams v. Delta Int’l Mach. Corp., 619 So. 2d 1330 (Ala. 1993)
Alaska	Pure comparative	You can recover at any fault level. The award is cut by your share.	Alaska Stat. § 09.17.060
Arizona	Pure comparative	You can recover at any fault level. The award is cut by your share.	Ariz. Rev. Stat. § 12-2505
Arkansas	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Ark. Code § 16-64-122
California	Pure comparative	You can recover at any fault level. The award is cut by your share.	Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975)
Colorado	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Colo. Rev. Stat. § 13-21-111
Connecticut	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Conn. Gen. Stat. § 52-572h
Delaware	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Del. Code tit. 10, § 8132
District of Columbia	Contributory	Almost any fault on your side can bar recovery completely. Pedestrians, cyclists and other vulnerable road users can recover unless they were more at fault than the driver.	Wingfield v. People’s Drug Store, 379 A.2d 685 (D.C. 1977)
Florida	51% bar	You recover if you are 50% or less at fault. The award is cut by your share. Florida switched from pure comparative fault for claims filed after March 24, 2023. Medical malpractice claims still use pure comparative fault.	Fla. Stat. § 768.81
Georgia	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	O.C.G.A. § 51-12-33
Hawaii	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Haw. Rev. Stat. § 663-31
Idaho	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Idaho Code § 6-801
Illinois	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	735 ILCS 5/2-1116
Indiana	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Ind. Code § 34-51-2-6
Iowa	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Iowa Code § 668.3
Kansas	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Kan. Stat. § 60-258a
Kentucky	Pure comparative	You can recover at any fault level. The award is cut by your share.	Ky. Rev. Stat. § 411.182
Louisiana	51% bar	You recover if you are 50% or less at fault. The award is cut by your share. Louisiana moved from pure comparative fault to a 51% bar for injuries on or after January 1, 2026. Earlier injuries keep the old rule.	La. Civ. Code art. 2323
Maine	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Me. Rev. Stat. tit. 14, § 156
Maryland	Contributory	Almost any fault on your side can bar recovery completely. Maryland’s highest court kept contributory negligence in 2013. Narrow exceptions such as last clear chance still apply.	Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013)
Massachusetts	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Mass. Gen. Laws ch. 231, § 85
Michigan	51% bar	The award is cut by your share. Above 50% fault you lose pain and suffering but keep economic damages.	Mich. Comp. Laws § 600.2959
Minnesota	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Minn. Stat. § 604.01
Mississippi	Pure comparative	You can recover at any fault level. The award is cut by your share.	Miss. Code § 11-7-15
Missouri	Pure comparative	You can recover at any fault level. The award is cut by your share.	Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983)
Montana	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Mont. Code § 27-1-702
Nebraska	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Neb. Rev. Stat. § 25-21,185.09
Nevada	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Nev. Rev. Stat. § 41.141
New Hampshire	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	N.H. Rev. Stat. § 507:7-d
New Jersey	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	N.J. Stat. § 2A:15-5.1
New Mexico	Pure comparative	You can recover at any fault level. The award is cut by your share.	Scott v. Rizzo, 96 N.M. 682 (1981)
New York	Pure comparative	You can recover at any fault level. The award is cut by your share.	N.Y. CPLR § 1411
North Carolina	Contributory	Almost any fault on your side can bar recovery completely. Gross negligence by the other party or the last clear chance doctrine can still allow recovery.	North Carolina common law; N.C. Gen. Stat. § 1-139
North Dakota	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	N.D. Cent. Code § 32-03.2-02
Ohio	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Ohio Rev. Code § 2315.33
Oklahoma	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Okla. Stat. tit. 23, § 13
Oregon	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Or. Rev. Stat. § 31.600
Pennsylvania	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	42 Pa. Cons. Stat. § 7102
Rhode Island	Pure comparative	You can recover at any fault level. The award is cut by your share.	R.I. Gen. Laws § 9-20-4
South Carolina	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Nelson v. Concrete Supply Co., 303 S.C. 243 (1991)
South Dakota	Slight/gross	You recover only if your fault was slight compared with the other party’s. The award is cut by your share.	S.D. Codified Laws § 20-9-2
Tennessee	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)
Texas	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Tex. Civ. Prac. & Rem. Code § 33.001
Utah	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	Utah Code § 78B-5-818
Vermont	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Vt. Stat. tit. 12, § 1036
Virginia	Contributory	Almost any fault on your side can bar recovery completely. Narrow exceptions, such as the other driver’s gross or willful negligence and last clear chance, can still allow recovery.	Virginia common law
Washington	Pure comparative	You can recover at any fault level. The award is cut by your share.	Wash. Rev. Code § 4.22.005
West Virginia	50% bar	You recover only if you are less than 50% at fault. The award is cut by your share.	W. Va. Code § 55-7-13a
Wisconsin	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Wis. Stat. § 895.045
Wyoming	51% bar	You recover if you are 50% or less at fault. The award is cut by your share.	Wyo. Stat. § 1-1-109

Last reviewed October 2026. Rules change: check the statute or ask a lawyer licensed in the state before relying on any row. Data feed: JSON.

How to read this table

When an injured person is partly to blame for an accident, the fault rule decides whether they can recover and how much. The rule that applies is usually the one where the accident happened, not where you live.

The five rules, with the same example

Take a $100,000 claim where the injured person is found 30% at fault, then 50%.

Rule	30% at fault	50% at fault
Pure comparative	$70,000	$50,000
51% bar	$70,000	$50,000
50% bar	$70,000	$0
Contributory negligence	$0	$0
Slight/gross	Likely $0	$0

Recent changes

Florida moved from pure comparative fault to a 51% bar for negligence claims filed after March 24, 2023. Louisiana moved to a 51% bar for injuries on or after January 1, 2026. Earlier claims keep the old rules.

Fault is a negotiation, then a verdict

Insurers assign a fault percentage when they evaluate a claim, and juries decide it at trial. Evidence such as police reports, video, photos and witness statements moves the number. See what your share costs with the comparative fault calculator.