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

Sources36

Verified2026-08-31

Review by2027-08-31

Licenceunknown

The data

Rule type	State	Fault system	When the plaintiff's own fault bars recovery	Fault threshold	Statutory citation	Joint liability rule	Joint liability fault threshold
Comparative fault system	Arizona	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	12-2505
Comparative fault system	Colorado	Modified comparative fault (50% bar)	if such negligence was not as great as the negligence of the person against whom recovery is sought	50%	13-21-111
Comparative fault system	Connecticut	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%	Sec. 52-572h
Comparative fault system	Delaware	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%	8132
Comparative fault system	Florida	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%	768.81
Comparative fault system	Hawaii	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%	663-31
Comparative fault system	Idaho	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%	6-801
Comparative fault system	Illinois	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%	735 ILCS 5/2-1116
Comparative fault system	Iowa	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%	668.3
Comparative fault system	Kansas	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%	60-258a
Comparative fault system	Maine	Modified comparative fault (50% bar)	If such claimant is found by the jury to be equally at fault, the claimant may not recover.	50%	156
Comparative fault system	Massachusetts	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%	Section 85
Comparative fault system	Minnesota	Modified comparative fault (51% bar)	if the contributory fault was not greater than the fault of the person against whom recovery is sought	51%	604.01
Comparative fault system	Montana	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%	27-1-702
Comparative fault system	Nebraska	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%	25-21,185.09
Comparative fault system	Nevada	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%	NRS 41.141
Comparative fault system	New Hampshire	Modified comparative fault (51% bar)	if such fault was not greater than the fault of the defendant, or the defendants in the aggregate	51%	507:7-d
Comparative fault system	North Dakota	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%	32-03.2-02
Comparative fault system	Ohio	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%	Section 2315.33
Comparative fault system	Oregon	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%	31.600
Comparative fault system	Rhode Island	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	9-20-4
Comparative fault system	Washington	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	RCW 4.22.005
Comparative fault system	West Virginia	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%	13c
Comparative fault system	Wyoming	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%	1-1-109
Joint and several liability rule	Alabama				Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).	Each defendant is jointly and severally liable.
Joint and several liability rule	Alaska				Alaska Statutes § 09.17.080(d).	Defendants are responsible only for their proportionate share of negligence.
Joint and several liability rule	Arizona				12-2506	the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section
Joint and several liability rule	Arkansas				Arkansas Code § 16-55- 201 (2003).	Pure several liability, tortfeasor only liable for their proportion of the negligence.
Joint and several liability rule	California				California Civil Code § 1431.2(a) (2015).	Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages.
Joint and several liability rule	Colorado				13-21-111.5	no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss
Joint and several liability rule	Connecticut				Sec. 52-572h	each party against whom recovery is allowed shall be liable to the claimant only for such party's proportionate share of the recoverable economic damages and the recoverable noneconomic damages except as provided in subsection (g) of this section
Joint and several liability rule	Delaware				10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).	Each defendant is jointly and severally liable.
Joint and several liability rule	District of Columbia				National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).	Each defendant is jointly and severally liable.
Joint and several liability rule	Florida				768.81	the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability
Joint and several liability rule	Georgia				Georgia Code § 51-12-33 (2022).	Defendants are responsible only for their proportionate share of negligence.
Joint and several liability rule	Hawaii				663-10.9	Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances	twenty-five per cent or more
Joint and several liability rule	Idaho				6-803	The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party’s proportionate share of the total damages awarded
Joint and several liability rule	Illinois				735 ILCS 5/2-1117	all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, shall be jointly and severally liable for all other damages	25% or greater
Joint and several liability rule	Indiana				Indiana Code § 34-51-2-8.	Several liability for all but governmental entities and health care providers.
Joint and several liability rule	Iowa				668.4	the rule of joint and several liability shall not apply to defendants who are found to bear less than fifty percent of the total fault assigned to all parties. However, a defendant found to bear fifty percent or more of fault shall only be jointly and severally liable for economic damages and not for any noneconomic damage awards	fifty percent or more
Joint and several liability rule	Kansas				60-258a	each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted
Joint and several liability rule	Kentucky				Kentucky Revised Statutes § 411.182.	When court apportions percentage of fault, defendant is only liable for comparable share of damages.
Joint and several liability rule	Louisiana				Louisiana Revised Statutes § 1786.	Damages may be several, joint, or solidary.
Joint and several liability rule	Maine				Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. § 156.	Each defendant is jointly and severally liable except in cases where the plaintiff’s degree of fault is greater than the defendant’s.
Joint and several liability rule	Maryland				Maryland Code § 3-1401.	Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries.
Joint and several liability rule	Massachusetts				General Law - Part III, Title II, Chapter 231B, § 1.	Each defendant is jointly and severally liable.
Joint and several liability rule	Michigan				MCLS § 600.6304.	Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several.
Joint and several liability rule	Minnesota				604.02 APPORTIONMENT OF DAMAGES.	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	greater than 50 percent
Joint and several liability rule	Mississippi				Mississippi Code § 85-5- 7(2) and (4).	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.
Joint and several liability rule	Missouri				Missouri Revised Statutes § 537.067	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.	greater than 51%
Joint and several liability rule	Montana				27-1-703	A party whose negligence is determined to be 50% or less of the combined negligence of all persons described in subsection (4) is severally liable only and is responsible only for the percentage of negligence attributable to that party, except as provided in subsection (3). The remaining parties are jointly and severally liable for the total less the percentage attributable to the claimant	50% or less
Joint and several liability rule	Nebraska				25-21,185.10	the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant's percentage of negligence, and a separate judgment shall be rendered against that defendant for that amount
Joint and several liability rule	Nevada				NRS 41.141	each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to that defendant
Joint and several liability rule	New Hampshire				507:7-e	Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him	less than 50 percent
Joint and several liability rule	New Jersey				New Jersey Statutes § 2A:15-5.3 (1995).	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.	less than 60% at fault
Joint and several liability rule	New Mexico				N.M. Stat. § 41-3A-1.	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.”
Joint and several liability rule	New York				Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603.	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.	50% or less
Joint and several liability rule	North Carolina				North Carolina General Statutes § 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971).	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.
Joint and several liability rule	North Dakota				32-03.2-02	the liability of each party is several only, and is not joint, and each party is liable only for the amount of damages attributable to the percentage of fault of that party
Joint and several liability rule	Ohio				Section 2307.22	jointly and severally liable in tort for all compensatory damages that represent economic loss	more than fifty per cent
Joint and several liability rule	Oklahoma				Oklahoma Statutes § 23-15.	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.
Joint and several liability rule	Oregon				31.610	the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint
Joint and several liability rule	Pennsylvania				42 Pa. C.S. § 7102.	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.	60 percent or more
Joint and several liability rule	Rhode Island				Rhode Island General Laws § 10- 6-2.	Each party is jointly and severally liable.
Joint and several liability rule	South Carolina				South Carolina Code § 15-38-15.	Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable.	equal to or greater than 50%
Joint and several liability rule	South Dakota				South Dakota Codified Laws § 15-8-11.	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.	less than 50%
Joint and several liability rule	Tennessee				Tennessee Code § 29-11-107.	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.
Joint and several liability rule	Texas				Texas Civil Practice & Remedies Code § 33.013(a).	Named defendants are held responsible only for the portion of fault attributable to them, unless a defendant is more than 51% at fault.	more than 51%
Joint and several liability rule	Utah				Utah Code § 78B-5-818.	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).
Joint and several liability rule	Vermont				Vermont Statutes § 1036.	Each party is jointly and severally liable.
Joint and several liability rule	Virginia				Virginia Code § 8.01-443.	Each party is jointly and severally liable.
Joint and several liability rule	Washington				RCW 4.22.070	The liability of each defendant shall be several only and shall not be joint
Joint and several liability rule	West Virginia				55-7-13c	the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against each defendant for his or her share of that amount. However, joint liability may be imposed on two or more defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission
Joint and several liability rule	Wisconsin				Wisconsin Statutes § 895.045(1)- 895.045(3).	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.	less than 51%
Joint and several liability rule	Wyoming				1-1-109	Each defendant is liable only to the extent of that defendant's proportion of the total fault determined under paragraph (c)(i) or (ii) of this section

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 36 sources this dataset was assembled from.

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
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
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
code.wvlegislature.govhttps://code.wvlegislature.gov/55-7-13c/
wyoleg.govhttps://www.wyoleg.gov/statutes/compress/title01.pdf
ama-assn.orghttps://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf
azleg.govhttps://www.azleg.gov/ars/12/02506.htm
capitol.hawaii.govhttps://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0010_0009.htm
legislature.idaho.govhttps://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-803/
ilga.govhttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1117
legis.iowa.govhttps://www.legis.iowa.gov/docs/code/668.4.pdf
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_0030/0270-0010-0070-0030.html
nebraskalegislature.govhttps://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.10
gencourt.state.nh.ushttps://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-e.htm
codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-2307.22
app.leg.wa.govhttps://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070

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.
data.csvThe same records as one flat table, for a spreadsheet or a dataframe. The last four columns are the source URL, the quoted sentence it was read from, the date we last checked it, and which columns are our reading rather than the page's words.
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=Arizona

npx -y refsource lookup state-comparative-fault-joint-liability-rules state=Arizona

Set your AI assistant up to use this

Two files and no account. Put this in .mcp.json at the root of your project — Claude Code, Cursor, Windsurf, VS Code and Codex all read that file — and your assistant can look this dataset up instead of recalling it. The server is remote, keyless and read-only.

{
  "mcpServers": {
    "referencesource": {
      "type": "http",
      "url": "https://referencesource.org/mcp"
    }
  }
}

Add to Cursor · or, on the command line: claude mcp add --transport http referencesource https://referencesource.org/mcp --scope project

Then one line in the project's CLAUDE.md or AGENTS.md, so the assistant knows when to reach for it:

When a question needs "Comparative fault system and joint and several liability rules by state", call the referencesource MCP server at https://referencesource.org/mcp (tool `search_records`, dataset_slug `state-comparative-fault-joint-liability-rules`) instead of answering from memory — every record it returns carries its source URL and a verbatim quote from that page.

What each tool does, and the servers built over single registers: Connect your AI assistant.

75 records. last verified against source 2026-08-31. due for re-check by 2027-08-31.

Licence. unknown