Comparative fault system and joint and several liability rules by state
If you are partly at fault for your own injury, can you still sue? And if multiple defendants caused the harm, can you collect the full judgment from just one of them? Every state answers both questions differently, and the answers interact. Four states plus DC still follow contributory negligence, barring recovery if the plaintiff is even 1% at fault. The rest use comparative fault, but split into pure comparative (plaintiff recovers even at 99% fault, reduced by their share), modified 50% bar (plaintiff 50% or more at fault recovers nothing), and modified 51% bar (plaintiff 51% or more at fault recovers nothing). On top of this, joint and several liability rules determine whether a plaintiff can collect the entire judgment from any single defendant or only each defendant's proportionate share -- and many states apply a fault threshold (e.g. joint liability only if a defendant is 25% or more at fault) or limit joint liability to economic damages only. One record per state, each quoting the statute or the controlling court decision in its own words. Answers 'is Virginia a contributory negligence state', 'comparative fault threshold by state', 'joint and several liability in Ohio', 'can I sue if I was 50% at fault', 'which states follow pure comparative fault'. This is a reference lookup, not legal advice: intentional-tort exceptions, environmental-claim exceptions, and products-liability exceptions change the answer in specific cases.
Records75
Sources28
Verified
Review by
Licenceunknown
The data
| Rule type | State | Joint liability rule | Statutory citation | Fault system | When the plaintiff's own fault bars recovery | Fault threshold | Joint liability fault threshold |
|---|---|---|---|---|---|---|---|
| Joint and several liability rule | Alabama | Each defendant is jointly and severally liable. | Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994). | ||||
| Joint and several liability rule | Alaska | Defendants are responsible only for their proportionate share of negligence. | Alaska Statutes § 09.17.080(d). | ||||
| Comparative fault system | Arizona | 12-2505 | Pure comparative fault | the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault | None | ||
| Joint and several liability rule | Arizona | Defendants are responsible only for their proportionate share of negligence, except where co-defendants act in concert or a person is an agent or servant of a party, or violations of duties created under the Federal Employer’s Liability Act. | Arizona Statutes § 12-2506 (2001). | ||||
| Joint and several liability rule | Arkansas | Pure several liability, tortfeasor only liable for their proportion of the negligence. | Arkansas Code § 16-55- 201 (2003). | ||||
| Joint and several liability rule | California | Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages. | California Civil Code § 1431.2(a) (2015). | ||||
| Comparative fault system | Colorado | 13-21-111 | Modified comparative fault (50% bar) | if such negligence was not as great as the negligence of the person against whom recovery is sought | 50% | ||
| Joint and several liability rule | Colorado | Defendants are responsible only for their proportionate share of negligence | Colorado Revised Statutes § 13- 21-111.5. | ||||
| Comparative fault system | Connecticut | Sec. 52-572h | Modified comparative fault (51% bar) | if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought | 51% | ||
| Joint and several liability rule | Connecticut | Defendants are responsible only for their proportionate share of negligence. However, if within one year after the final judgment the court determines that all or part of a defendant’s proportionate share is uncollectible, it shall reallocate the uncollectible non-economic damages among other defendants according to their percentages of negligence. | Connecticut General Statutes § 52-572h(c). | ||||
| Comparative fault system | Delaware | 8132 | Modified comparative fault (51% bar) | where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought | 51% | ||
| Joint and several liability rule | Delaware | Each defendant is jointly and severally liable. | 10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978). | ||||
| Joint and several liability rule | District of Columbia | Each defendant is jointly and severally liable. | National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991). | ||||
| Comparative fault system | Florida | 768.81 | Modified comparative fault (51% bar) | any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages | 51% | ||
| Joint and several liability rule | Florida | Defendants are responsible only for their proportionate share of negligence. | Florida Statutes § 768.81(2) (2015). | ||||
| Joint and several liability rule | Georgia | Defendants are responsible only for their proportionate share of negligence. | Georgia Code § 51-12-33 (2022). | ||||
| Comparative fault system | Hawaii | 663-31 | Modified comparative fault (51% bar) | if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought | 51% | ||
| Joint and several liability rule | Hawaii | Defendants are responsible only for their proportionate share of negligence, with the following exceptions: recovery of economic damages in actions involving injury or death, and non-economic damages in such actions, where a tortfeasor’s negligence is 25% or more; intentional torts; strict liability torts; | HRS § 663-10.9. | 25% or more | |||
| Comparative fault system | Idaho | 6-801 | Modified comparative fault (50% bar) | if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought | 50% | ||
| Joint and several liability rule | Idaho | Defendants are responsible only for their proportionate share of negligence, except where co-defendants were acting in concert, or a person is an agent or servant of a party. | Idaho Code § 6-803; Jones v. HealthSouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009). | ||||
| Comparative fault system | Illinois | 735 ILCS 5/2-1116 | Modified comparative fault (51% bar) | the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought | 51% | ||
| Joint and several liability rule | Illinois | Several liability only when a defendant is 25 percent or more at fault. Exception: environmental polluters and negligent parties in medical malpractice actions are always joint and severally liable. | 735 Illinois Compiled Statutes § 5/2-1117. | 25 percent or more | |||
| Joint and several liability rule | Indiana | Several liability for all but governmental entities and health care providers. | Indiana Code § 34-51-2-8. | ||||
| Comparative fault system | Iowa | 668.3 | Modified comparative fault (51% bar) | unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants | 51% | ||
| Joint and several liability rule | Iowa | Defendants are responsible only for their proportionate share of negligence where a defendant is found to bear less than 50% of the total fault. If a defendant is 50% or more liable, he is jointly and severally liable for economic damages only. | Iowa Code § 668.4. | 50% or more | |||
| Comparative fault system | Kansas | 60-258a | Modified comparative fault (50% bar) | if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made | 50% | ||
| Joint and several liability rule | Kansas | Defendants are responsible only for their proportionate share of negligence. | Kansas Statutes § 60-258a (2010). | ||||
| Joint and several liability rule | Kentucky | When court apportions percentage of fault, defendant is only liable for comparable share of damages. | Kentucky Revised Statutes § 411.182. | ||||
| Joint and several liability rule | Louisiana | Damages may be several, joint, or solidary. | Louisiana Revised Statutes § 1786. | ||||
| Comparative fault system | Maine | 156 | Modified comparative fault (50% bar) | If such claimant is found by the jury to be equally at fault, the claimant may not recover. | 50% | ||
| Joint and several liability rule | Maine | Each defendant is jointly and severally liable except in cases where the plaintiff’s degree of fault is greater than the defendant’s. | Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. § 156. | ||||
| Joint and several liability rule | Maryland | Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries. | Maryland Code § 3-1401. | ||||
| Comparative fault system | Massachusetts | Section 85 | Modified comparative fault (51% bar) | if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought | 51% | ||
| Joint and several liability rule | Massachusetts | Each defendant is jointly and severally liable. | General Law - Part III, Title II, Chapter 231B, § 1. | ||||
| Joint and several liability rule | Michigan | Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several. | MCLS § 600.6304. | ||||
| Comparative fault system | Minnesota | 604.01 | Modified comparative fault (51% bar) | if the contributory fault was not greater than the fault of the person against whom recovery is sought | 51% | ||
| Joint and several liability rule | Minnesota | When two or more persons are severally liable, contributions to awards shall be in proportion to the percentage of fault attributable to each, except that the following persons are jointly and severally liable for the whole award | 604.02 APPORTIONMENT OF DAMAGES. | greater than 50 percent | |||
| Joint and several liability rule | Mississippi | Defendants are responsible only for their proportionate share of negligence except where they consciously or deliberately pursue a common plan or design to commit a tortious act or actively take part in it. | Mississippi Code § 85-5- 7(2) and (4). | ||||
| Joint and several liability rule | Missouri | A defendant can only be held jointly liable for damages if the defendant is greater than 51% at fault. A defendant who is less than 51% at fault shall only be responsible for damages in proportion to his or her degree of fault. | Missouri Revised Statutes § 537.067 | greater than 51% | |||
| Comparative fault system | Montana | 27-1-702 | Modified comparative fault (51% bar) | if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought | 51% | ||
| Joint and several liability rule | Montana | Any party whose negligence is 50% or less of the combined negligence of all persons is severally liable only. The remaining parties are jointly and severally liable for the total less the amount attributable to the claimant. A party may be jointly liable for all damages caused by the negligence of another if both acted in concert or if one party acted as an agent of the other. | Montana Code § 27-1-703. | 50% or less | |||
| Comparative fault system | Nebraska | 25-21,185.09 | Modified comparative fault (50% bar) | if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery | 50% | ||
| Joint and several liability rule | Nebraska | Defendants are responsible only for their proportionate share of negligence, except where parties have acted in concert and caused harm as part of a common enterprise or plan. | Nebraska Revised Statutes § 25-21,185.10. | ||||
| Comparative fault system | Nevada | NRS 41.141 | Modified comparative fault (51% bar) | does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought | 51% | ||
| Joint and several liability rule | Nevada | Defendants only severally liable for economic or non-economic damages in medical liability cases. Defendants are jointly and severally liable in cases involving (a) strict liability, (b) an intentional tort, (c) the emission, disposal, or spillage of a toxic or hazardous substance, (d) the concerted acts of the defendants, (e) an injury to any person or property resulting from a product which is manufactured, distributed, sold, or used in this State or (f) where defendant does not allege comparative negligence as a defense | Nevada Revised Statutes § 41.141; Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989). | ||||
| Comparative fault system | New Hampshire | 507:7-d | Modified comparative fault (51% bar) | if such fault was not greater than the fault of the defendant, or the defendants in the aggregate | 51% | ||
| Joint and several liability rule | New Hampshire | New Hampshire Statutes § 507:7-e. | 50 percent or more | ||||
| Joint and several liability rule | New Jersey | Defendants are responsible only for their proportionate share of negligence if they are found to be less than 60% at fault. Defendants found to be 60% at fault are subject to a modified rule. | New Jersey Statutes § 2A:15-5.3 (1995). | less than 60% at fault | |||
| Joint and several liability rule | New Mexico | Defendants are responsible only for their proportionate share of negligence except in cases where defendant intended to inflict injury, strict liability, vicarious liability or situations “having a sound basis in public policy.” | N.M. Stat. § 41-3A-1. | ||||
| Joint and several liability rule | New York | For non-economic damages. Defendants are responsible only for their proportionate share of negligence if they are found to be 50% or less liable. Defendants can be held jointly and severally liable for economic damages. | Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603. | 50% or less | |||
| Joint and several liability rule | North Carolina | Each defendant is jointly and severally liable, except if a plaintiff’s failure to use ordinary care was a proximate cause of his or her injury, the plaintiff may not recover unless the case involves willful or wanton conduct by defendants. | North Carolina General Statutes § 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971). | ||||
| Comparative fault system | North Dakota | 32-03.2-02 | Modified comparative fault (50% bar) | unless the fault was as great as the combined fault of all other persons who contribute to the injury | 50% | ||
| Joint and several liability rule | North Dakota | Defendants are responsible only for their proportionate share of negligence except where defendants act in concert in committing, aiding, and encouraging, or ratifying or adopting a tortious act. | North Dakota Century Code § 32-03.2-02. | ||||
| Comparative fault system | Ohio | Section 2315.33 | Modified comparative fault (51% bar) | if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action | 51% | ||
| Joint and several liability rule | Ohio | jointly and severally liable in tort for all compensatory damages that represent economic loss | Section 2307.22 | more than fifty per cent | |||
| Joint and several liability rule | Oklahoma | In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor. | Oklahoma Statutes § 23-15. | ||||
| Comparative fault system | Oregon | 31.600 | Modified comparative fault (51% bar) | if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section | 51% | ||
| Joint and several liability rule | Oregon | Defendants are responsible only for their proportionate share of negligence | Oregon Revised Statutes § 31.610. | ||||
| Joint and several liability rule | Pennsylvania | Liability is several and not joint unless conduct involves an intentional misrepresentation or intentional tort or when the defendant has 60 percent or more of the judgment apportioned to him/her. | 42 Pa. C.S. § 7102. | 60 percent or more | |||
| Comparative fault system | Rhode Island | 9-20-4 | Pure comparative fault | shall not bar a recovery, but damages shall be diminished by the finder of fact in proportion to the amount of negligence attributable to the person injured | None | ||
| Joint and several liability rule | Rhode Island | Each party is jointly and severally liable. | Rhode Island General Laws § 10- 6-2. | ||||
| Joint and several liability rule | South Carolina | Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable. | South Carolina Code § 15-38-15. | equal to or greater than 50% | |||
| Joint and several liability rule | South Dakota | Each party is jointly and severally liable, but parties who are allocated less than 50% of the total fault may only be jointly liable for more than 2xs the percentage of fault allocated to that party. | South Dakota Codified Laws § 15-8-11. | less than 50% | |||
| Joint and several liability rule | Tennessee | Only in the following actions: (1)in a civil conspiracy when two or more at fault defendants act in concert; and in a product’s claim against a manufacturer on a theory of strict liability or breach of warranty. | Tennessee Code § 29-11-107. | ||||
| Joint and several liability rule | Texas | Named defendants are held responsible only for the portion of fault attributable to them, unless a defendant is more than 51% at fault. | Texas Civil Practice & Remedies Code § 33.013(a). | more than 51% | |||
| Joint and several liability rule | Utah | Defendants are responsible only for their proportionate share of negligence. Utah Code § 78B-5-818. Except potentially in products cases between the manufacturer, distributors, and sellers of allegedly defective products. See Bylsma v. R.C. Willey, 2017 UT 85, 416 P.3d 595 (2017). | Utah Code § 78B-5-818. | ||||
| Joint and several liability rule | Vermont | Each party is jointly and severally liable. | Vermont Statutes § 1036. | ||||
| Joint and several liability rule | Virginia | Each party is jointly and severally liable. | Virginia Code § 8.01-443. | ||||
| Comparative fault system | Washington | RCW 4.22.005 | Pure comparative fault | any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery | None | ||
| Joint and several liability rule | Washington | The liability of each defendant shall be several only and shall not be joint | RCW 4.22.070 | ||||
| Comparative fault system | West Virginia | 13c | Modified comparative fault (51% bar) | unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages | 51% | ||
| Joint and several liability rule | West Virginia | West Virginia Code § 55-7- 13c(h); West Virginia Code § 29-12A-7; and West Virginia Code § 46-3-116. | twenty-five percent or more | ||||
| Joint and several liability rule | Wisconsin | Defendants are responsible only for their proportionate share of negligence if they are less than 51% at fault unless a defendant acted as part of a common scheme or plan. | Wisconsin Statutes § 895.045(1)- 895.045(3). | less than 51% | |||
| Comparative fault system | Wyoming | 1-1-109 | Modified comparative fault (51% bar) | if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors | 51% | ||
| Joint and several liability rule | Wyoming | Defendants are responsible only for their proportionate share of negligence. | Wyoming Statutes § 1-1-109. |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 28 sources this dataset was assembled from.
- ama-assn.orghttps://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf
- azleg.govhttps://www.azleg.gov/ars/12/02505.htm
- leg.colorado.govhttps://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf
- cga.ct.govhttps://www.cga.ct.gov/current/pub/chap_925.htm
- delcode.delaware.govhttps://delcode.delaware.gov/title10/c081/index.html
- leg.state.fl.ushttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
- capitol.hawaii.govhttps://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm
- legislature.idaho.govhttps://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/
- ilga.govhttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116
- legis.iowa.govhttps://www.legis.iowa.gov/docs/code/668.3.pdf
- ksrevisor.govhttps://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html
- legislature.maine.govhttps://legislature.maine.gov/statutes/14/title14sec156.html
- malegislature.govhttps://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
- revisor.mn.govhttps://www.revisor.mn.gov/statutes/cite/604.01
- revisor.mn.govhttps://www.revisor.mn.gov/statutes/cite/604.02
- archive.legmt.govhttps://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html
- nebraskalegislature.govhttps://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09
- leg.state.nv.ushttps://www.leg.state.nv.us/NRS/NRS-041.html
- gencourt.state.nh.ushttps://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-d.htm
- ndlegis.govhttps://ndlegis.gov/cencode/t32c03-2.pdf
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-2315.33
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-2307.22
- oregonlegislature.govhttps://www.oregonlegislature.gov/bills_laws/ors/ors031.html
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm
- app.leg.wa.govhttps://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005
- app.leg.wa.govhttps://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070
- code.wvlegislature.govhttps://code.wvlegislature.gov/55-7-13c/
- wyoleg.govhttps://www.wyoleg.gov/statutes/compress/title01.pdf
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.
From your own code
Same records, same quotes, without scraping the page: refsource is on PyPI and npm. Each value comes back carrying the URL it was read from and the sentence on that page that states it — .source and .quote sit on the value itself rather than in a side channel, so the checking step is available instead of skipped.
pip install refsource
refsource lookup state-comparative-fault-joint-liability-rules state=Alabama
npx -y refsource lookup state-comparative-fault-joint-liability-rules state=Alabama