What You Need to Know About Negligence Laws By State
Negligence laws require individuals to follow certain standards of conduct. If a person does not conform to the standard, their state can hold them liable for the harm they cause to another person or property. Each state has different negligence laws for determining the compensation a victim of negligence may receive for damages.
Types of Negligence Law
Generally, in negligence cases, two types of negligence exist: contributory and comparative. Contributory negligence laws legally prohibit an individual from recovering compensation for their damages if they contributed to the cause of the accident.
Comparative negligence laws allow all victims to pursue compensation for any damages, even if they are at fault. The amount of compensation the individual receives may scale with the degree of fault in the accident. Pure comparative negligence allows individuals to seek compensation regardless of how much fault they have in the accident. However, an individual’s recovery is based on their degree of fault in the accident. Modified comparative negligence laws allow individuals to seek compensation only if their percentage of fault is under a set threshold. Some states set the threshold at 50%, while others cap the threshold at 51%.
Related: What is Comparative Negligence?
Negligence Laws by State
| State | Type of Negligence | Notes |
| Alabama | Contributory | Plaintiffs may not recover if they contributed to the accident in any way. |
| Alaska | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Arizona | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Arkansas | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| California | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Colorado | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Connecticut | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Delaware | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| District of Columbia (D.C.) | Contributory | Plaintiffs may not recover if they contributed to the accident in any way. |
| Florida | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Georgia | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Hawaii | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Idaho | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Illinois | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Indiana | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Iowa | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Kansas | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Kentucky | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Louisiana | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Maine | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Maryland | Contributory | Plaintiffs may not recover if they contributed to the accident in any way. |
| Massachusetts | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Michigan | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Minnesota | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Mississippi | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Missouri | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| Montana | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Nebraska | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Nevada | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| New Hampshire | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| New Jersey | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| New Mexico | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| New York | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| North Carolina | Contributory | Plaintiffs may not recover if they contributed to the accident in any way. |
| North Dakota | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Ohio | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Oklahoma | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Oregon | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Pennsylvania | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Rhode Island | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| South Carolina | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| South Dakota | Slight-gross negligence comparative | Plaintiffs may only recover if they displayed “slight” negligence and the other party displayed “gross” negligence |
| Tennessee | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Texas | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Utah | Modified comparative | Plaintiffs may not recover if they are found 50% or more at fault. |
| Vermont | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Virginia | Contributory | Plaintiffs may not recover if they contributed to the accident in any way. |
| Washington | Pure comparative | Plaintiff’s recovery will be reduced by their share of the fault. |
| West Virginia | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Wisconsin | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
| Wyoming | Modified comparative | Plaintiffs cannot recover compensation if they are found 51% or more at fault. |
Related: Contributory VS Comparative Negligence: The Difference
All information above is accurate as of August 12th, 2022. State statutes regarding negligence laws are subject to change and exemptions depending on the case. Individuals should visit the state website where they live for further information on individual state negligence laws. Consult with a knowledgeable attorney to get any questions answered or for representation in a lawsuit regarding negligence laws.
Sources:
https://www.lawinfo.com/resources/personal-injury/comparative-and-contributory-negligence-laws-by-state.html
https://www.maloneyandcampolo.com/state-negligence-laws/
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