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.

Comparative fault system and joint and several liability rules by state


**State:** Alabama

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable.

**Statutory citation:** Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).

> No. Each defendant is jointly and severally liable. Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Alabama — Comparative fault system and joint and several liability rules by state


**State:** Alaska

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence.

**Statutory citation:** Alaska Statutes § 09.17.080(d).

> Yes. Defendants are responsible only for their proportionate share of negligence. Alaska Statutes § 09.17.080(d).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Alaska — Comparative fault system and joint and several liability rules by state


**State:** Arizona

**Rule type:** Comparative fault system

**Fault system:** Pure comparative fault

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** None

**Statutory citation:** 12-2505

> 12-2505. Comparative negligence; definition

> The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, 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 which is a proximate cause of the injury or death, if any.

Source: <https://www.azleg.gov/ars/12/02505.htm>

Comparative fault system · Arizona — Comparative fault system and joint and several liability rules by state


**State:** Arizona

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Arizona Statutes § 12-2506 (2001).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Arizona — Comparative fault system and joint and several liability rules by state


**State:** Arkansas

**Rule type:** Joint and several liability rule

**Joint liability rule:** Pure several liability, tortfeasor only liable for their proportion of the negligence.

**Statutory citation:** Arkansas Code § 16-55- 201 (2003).

> Pure several liability, tortfeasor only liable for their proportion of the negligence. Arkansas Code § 16-55- 201 (2003).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Arkansas — Comparative fault system and joint and several liability rules by state


**State:** California

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages.

**Statutory citation:** California Civil Code § 1431.2(a) (2015).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · California — Comparative fault system and joint and several liability rules by state


**State:** Colorado

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** if such negligence was not as great as the negligence of the person against whom recovery is sought

**Fault threshold:** 50%

**Statutory citation:** 13-21-111

> 13-21-111. Negligence cases - comparative negligence as measure of damages.

> Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought

Source: <https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf>

Comparative fault system · Colorado — Comparative fault system and joint and several liability rules by state


**State:** Colorado

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence

**Statutory citation:** Colorado Revised Statutes § 13- 21-111.5.

> have consciously conspired and deliberately pursued a common plan or design to commit a tortious act. Colorado Revised Statutes § 13- 21-111.5.

> Yes. Defendants are responsible only for their proportionate share of negligence

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Colorado — Comparative fault system and joint and several liability rules by state


**State:** Connecticut

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought

**Fault threshold:** 51%

**Statutory citation:** Sec. 52-572h

> Sec. 52-572h. Negligence actions. Doctrines applicable. Liability of multiple tortfeasors for damages.

> In causes of action based on negligence, contributory negligence shall not bar recovery in an action by any person or the person's legal representative to recover damages resulting from personal injury, wrongful death or damage to property if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought including settled or released persons under subsection (n) of this section.

Source: <https://www.cga.ct.gov/current/pub/chap_925.htm>

Comparative fault system · Connecticut — Comparative fault system and joint and several liability rules by state


**State:** Connecticut

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Connecticut General Statutes § 52-572h(c).

> amount greater than that defendant’s percentage of negligence multiplied by such uncollectible amount. Connecticut General Statutes § 52-572h(c).

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Connecticut — Comparative fault system and joint and several liability rules by state


**State:** Delaware

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought

**Fault threshold:** 51%

**Statutory citation:** 8132

> 8132. Comparative negligence.

> In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

Source: <https://delcode.delaware.gov/title10/c081/index.html>

Comparative fault system · Delaware — Comparative fault system and joint and several liability rules by state


**State:** Delaware

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable.

**Statutory citation:** 10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).

> No. Each defendant is jointly and severally liable. 10 Delaware Code § 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Delaware — Comparative fault system and joint and several liability rules by state


**State:** District of Columbia

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable.

**Statutory citation:** National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).

> No. Each defendant is jointly and severally liable. National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · District of Columbia — Comparative fault system and joint and several liability rules by state


**State:** Florida

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages

**Fault threshold:** 51%

**Statutory citation:** 768.81

> 768.81 Comparative fault.

> In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.

Source: <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html>

Comparative fault system · Florida — Comparative fault system and joint and several liability rules by state


**State:** Florida

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence.

**Statutory citation:** Florida Statutes § 768.81(2) (2015).

> Yes. Defendants are responsible only for their proportionate share of negligence. Florida Statutes § 768.81(2) (2015).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Florida — Comparative fault system and joint and several liability rules by state


**State:** Georgia

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence.

**Statutory citation:** Georgia Code § 51-12-33 (2022).

> Yes. Defendants are responsible only for their proportionate share of negligence. If the plaintiff is to some degree responsible for the injury or damages claimed, the judge must first decrease the damages based on the plaintiff’s degree of fault. Georgia Code § 51-12-33 (2022).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Georgia — Comparative fault system and joint and several liability rules by state


**State:** Hawaii

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 51%

**Statutory citation:** 663-31

> 663-31 Contributory negligence no bar; comparative negligence; findings of fact and special verdicts.

> Contributory negligence shall not bar recovery in any action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, 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, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.

Source: <https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm>

Comparative fault system · Hawaii — Comparative fault system and joint and several liability rules by state


**State:** Hawaii

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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;

**Joint liability fault threshold:** 25% or more

**Statutory citation:** HRS § 663-10.9.

> and product liability torts. HRS § 663-10.9.

> Yes. 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;

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Hawaii — Comparative fault system and joint and several liability rules by state


**State:** Idaho

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 50%

**Statutory citation:** 6-801

> 6-801. Comparative negligence or comparative responsibility — Effect of contributory negligence.

> Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, 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, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering.

Source: <https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/>

Comparative fault system · Idaho — Comparative fault system and joint and several liability rules by state


**State:** Idaho

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Idaho Code § 6-803; Jones v. HealthSouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Idaho — Comparative fault system and joint and several liability rules by state


**State:** Illinois

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 51%

**Statutory citation:** 735 ILCS 5/2-1116

> (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) Sec. 2-1116. Limitation on recovery in tort actions.

> In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, 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.

Source: <https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116>

Comparative fault system · Illinois — Comparative fault system and joint and several liability rules by state


**State:** Illinois

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** 25 percent or more

**Statutory citation:** 735 Illinois Compiled Statutes § 5/2-1117.

> 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Illinois — Comparative fault system and joint and several liability rules by state


**State:** Indiana

**Rule type:** Joint and several liability rule

**Joint liability rule:** Several liability for all but governmental entities and health care providers.

**Statutory citation:** Indiana Code § 34-51-2-8.

> Several liability for all but governmental entities and health care providers. Indiana Code § 34-51-2-8.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Indiana — Comparative fault system and joint and several liability rules by state


**State:** Iowa

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants

**Fault threshold:** 51%

**Statutory citation:** 668.3

> 668.3 Comparative fault — effect — payment method.

> Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants, third-party defendants and persons who have been released pursuant to section 668.7

Source: <https://www.legis.iowa.gov/docs/code/668.3.pdf>

Comparative fault system · Iowa — Comparative fault system and joint and several liability rules by state


**State:** Iowa

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** 50% or more

**Statutory citation:** Iowa Code § 668.4.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Iowa — Comparative fault system and joint and several liability rules by state


**State:** Kansas

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made

**Fault threshold:** 50%

**Statutory citation:** 60-258a

> 60-258a. Comparative negligence.

> The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party.

Source: <https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html>

Comparative fault system · Kansas — Comparative fault system and joint and several liability rules by state


**State:** Kansas

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence.

**Statutory citation:** Kansas Statutes § 60-258a (2010).

> Yes. Defendants are responsible only for their proportionate share of negligence. Kansas Statutes § 60-258a (2010).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Kansas — Comparative fault system and joint and several liability rules by state


**State:** Kentucky

**Rule type:** Joint and several liability rule

**Joint liability rule:** When court apportions percentage of fault, defendant is only liable for comparable share of damages.

**Statutory citation:** Kentucky Revised Statutes § 411.182.

> When court apportions percentage of fault, defendant is only liable for comparable share of damages. Kentucky Revised Statutes § 411.182.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Kentucky — Comparative fault system and joint and several liability rules by state


**State:** Louisiana

**Rule type:** Joint and several liability rule

**Joint liability rule:** Damages may be several, joint, or solidary.

**Statutory citation:** Louisiana Revised Statutes § 1786.

> Damages may be several, joint, or solidary. Louisiana Revised Statutes § 1786.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Louisiana — Comparative fault system and joint and several liability rules by state


**State:** Maine

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** If such claimant is found by the jury to be equally at fault, the claimant may not recover.

**Fault threshold:** 50%

**Statutory citation:** 156

> §156. Comparative negligence

> If such claimant is found by the jury to be equally at fault, the claimant may not recover.

Source: <https://legislature.maine.gov/statutes/14/title14sec156.html>

Comparative fault system · Maine — Comparative fault system and joint and several liability rules by state


**State:** Maine

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable except in cases where the plaintiff’s degree of fault is greater than the defendant’s.

**Statutory citation:** Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. § 156.

> No. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Maine — Comparative fault system and joint and several liability rules by state


**State:** Maryland

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries.

**Statutory citation:** Maryland Code § 3-1401.

> No. Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries. Maryland Code § 3-1401.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Maryland — Comparative fault system and joint and several liability rules by state


**State:** Massachusetts

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought

**Fault threshold:** 51%

**Statutory citation:** Section 85

> Section 85: Comparative negligence; limited effect of contributory negligence as defense

> Section 85. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.

Source: <https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85>

Comparative fault system · Massachusetts — Comparative fault system and joint and several liability rules by state


**State:** Massachusetts

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each defendant is jointly and severally liable.

**Statutory citation:** General Law - Part III, Title II, Chapter 231B, § 1.

> No. Each defendant is jointly and severally liable. General Law - Part III, Title II, Chapter 231B, § 1.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Massachusetts — Comparative fault system and joint and several liability rules by state


**State:** Michigan

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several.

**Statutory citation:** MCLS § 600.6304.

> Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several. MCLS § 600.6304.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Michigan — Comparative fault system and joint and several liability rules by state


**State:** Minnesota

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if the contributory fault was not greater than the fault of the person against whom recovery is sought

**Fault threshold:** 51%

**Statutory citation:** 604.01

> 604.01 COMPARATIVE FAULT; EFFECT.

> Contributory fault does not bar recovery in an action by any person or the person's legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering.

Source: <https://www.revisor.mn.gov/statutes/cite/604.01>

Comparative fault system · Minnesota — Comparative fault system and joint and several liability rules by state


**State:** Minnesota

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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

**Joint liability fault threshold:** greater than 50 percent

**Statutory citation:** 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: (1) a person whose fault is greater than 50 percent; (2) two or more persons who act in a common scheme or plan that results in injury; (3) a person who commits an intentional tort; or

Source: <https://www.revisor.mn.gov/statutes/cite/604.02>

Joint and several liability rule · Minnesota — Comparative fault system and joint and several liability rules by state


**State:** Mississippi

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Mississippi Code § 85-5- 7(2) and (4).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Mississippi — Comparative fault system and joint and several liability rules by state


**State:** Missouri

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** greater than 51%

**Statutory citation:** 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. Missouri Revised Statutes § 537.067

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Missouri — Comparative fault system and joint and several liability rules by state


**State:** Montana

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 51%

**Statutory citation:** 27-1-702

> 27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages.

> Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property 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, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering.

Source: <https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html>

Comparative fault system · Montana — Comparative fault system and joint and several liability rules by state


**State:** Montana

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** 50% or less

**Statutory citation:** Montana Code § 27-1-703.

> 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Montana — Comparative fault system and joint and several liability rules by state


**State:** Nebraska

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 50%

**Statutory citation:** 25-21,185.09

> 25-21,185.09. Civil actions to which contributory negligence is a defense; effect on recovery.

> Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant's contributory negligence but shall not bar recovery, except that 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.

Source: <https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09>

Comparative fault system · Nebraska — Comparative fault system and joint and several liability rules by state


**State:** Nebraska

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Nebraska Revised Statutes § 25-21,185.10.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Nebraska — Comparative fault system and joint and several liability rules by state


**State:** Nevada

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 51%

**Statutory citation:** NRS 41.141

> NRS 41.141 When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.

> In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent 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.

Source: <https://www.leg.state.nv.us/NRS/NRS-041.html>

Comparative fault system · Nevada — Comparative fault system and joint and several liability rules by state


**State:** Nevada

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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

**Statutory citation:** Nevada Revised Statutes § 41.141; Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Nevada — Comparative fault system and joint and several liability rules by state


**State:** New Hampshire

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if such fault was not greater than the fault of the defendant, or the defendants in the aggregate

**Fault threshold:** 51%

**Statutory citation:** 507:7-d

> 507:7-d Comparative Fault.

> Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate

Source: <https://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-d.htm>

Comparative fault system · New Hampshire — Comparative fault system and joint and several liability rules by state


**State:** New Hampshire

**Rule type:** Joint and several liability rule

**Joint liability fault threshold:** 50 percent or more

**Statutory citation:** New Hampshire Statutes § 507:7-e.

> concert. New Hampshire Statutes § 507:7-e.

> Yes, if a defendant is 50 percent or more at fault

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · New Hampshire — Comparative fault system and joint and several liability rules by state


**State:** New Jersey

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** less than 60% at fault

**Statutory citation:** New Jersey Statutes § 2A:15-5.3 (1995).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · New Jersey — Comparative fault system and joint and several liability rules by state


**State:** New Mexico

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.”

**Statutory citation:** N.M. Stat. § 41-3A-1.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · New Mexico — Comparative fault system and joint and several liability rules by state


**State:** New York

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** 50% or less

**Statutory citation:** Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 §§ 1600 — 1603.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · New York — Comparative fault system and joint and several liability rules by state


**State:** North Carolina

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** North Carolina General Statutes § 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971).

> No. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · North Carolina — Comparative fault system and joint and several liability rules by state


**State:** North Dakota

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (50% bar)

**When the plaintiff's own fault bars recovery:** unless the fault was as great as the combined fault of all other persons who contribute to the injury

**Fault threshold:** 50%

**Statutory citation:** 32-03.2-02

> 32-03.2-02. Modified comparative fault.

> Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in proportion to the amount of contributing fault attributable to the person recovering.

Source: <https://ndlegis.gov/cencode/t32c03-2.pdf>

Comparative fault system · North Dakota — Comparative fault system and joint and several liability rules by state


**State:** North Dakota

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** North Dakota Century Code § 32-03.2-02.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · North Dakota — Comparative fault system and joint and several liability rules by state


**State:** Ohio

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** 51%

**Statutory citation:** Section 2315.33

> Section 2315.33 | Contributory fault effect on right to recover.

> The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, 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 and of all other persons from whom the plaintiff does not seek recovery in this action.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2315.33>

Comparative fault system · Ohio — Comparative fault system and joint and several liability rules by state


**State:** Ohio

**Rule type:** Joint and several liability rule

**Joint liability rule:** jointly and severally liable in tort for all compensatory damages that represent economic loss

**Joint liability fault threshold:** more than fifty per cent

**Statutory citation:** Section 2307.22

> Section 2307.22 | Joint and several tort liability.

> In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss.

Source: <https://codes.ohio.gov/ohio-revised-code/section-2307.22>

Joint and several liability rule · Ohio — Comparative fault system and joint and several liability rules by state


**State:** Oklahoma

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** Oklahoma Statutes § 23-15.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Oklahoma — Comparative fault system and joint and several liability rules by state


**State:** Oregon

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section

**Fault threshold:** 51%

**Statutory citation:** 31.600

> 31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.

> Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant.

Source: <https://www.oregonlegislature.gov/bills_laws/ors/ors031.html>

Comparative fault system · Oregon — Comparative fault system and joint and several liability rules by state


**State:** Oregon

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence

**Statutory citation:** Oregon Revised Statutes § 31.610.

> among other defendants according to their percentages of negligence. Oregon Revised Statutes § 31.610.

> Yes. Defendants are responsible only for their proportionate share of negligence

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Oregon — Comparative fault system and joint and several liability rules by state


**State:** Pennsylvania

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** 60 percent or more

**Statutory citation:** 42 Pa. C.S. § 7102.

> Yes. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Pennsylvania — Comparative fault system and joint and several liability rules by state


**State:** Rhode Island

**Rule type:** Comparative fault system

**Fault system:** Pure comparative fault

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** None

**Statutory citation:** 9-20-4

> § 9-20-4. Comparative negligence.

> In all actions hereafter brought for personal injuries, or where personal injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property or person having control over the property, may not have been in the exercise of due care or the fact that the danger or defect was open and obvious 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

Source: <https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm>

Comparative fault system · Rhode Island — Comparative fault system and joint and several liability rules by state


**State:** Rhode Island

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each party is jointly and severally liable.

**Statutory citation:** Rhode Island General Laws § 10- 6-2.

> No. Each party is jointly and severally liable. Rhode Island General Laws § 10- 6-2.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Rhode Island — Comparative fault system and joint and several liability rules by state


**State:** South Carolina

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable.

**Joint liability fault threshold:** equal to or greater than 50%

**Statutory citation:** South Carolina Code § 15-38-15.

> negligence. Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable. South Carolina Code § 15-38-15.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · South Carolina — Comparative fault system and joint and several liability rules by state


**State:** South Dakota

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** less than 50%

**Statutory citation:** South Dakota Codified Laws § 15-8-11.

> No. 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.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · South Dakota — Comparative fault system and joint and several liability rules by state


**State:** Tennessee

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Statutory citation:** 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. Tennessee Code § 29-11-107.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Tennessee — Comparative fault system and joint and several liability rules by state


**State:** Texas

**Rule type:** Joint and several liability rule

**Joint liability rule:** Named defendants are held responsible only for the portion of fault attributable to them, unless a defendant is more than 51% at fault.

**Joint liability fault threshold:** more than 51%

**Statutory citation:** Texas Civil Practice & Remedies Code § 33.013(a).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Texas — Comparative fault system and joint and several liability rules by state


**State:** Utah

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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).

**Statutory citation:** Utah Code § 78B-5-818.

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Utah — Comparative fault system and joint and several liability rules by state


**State:** Vermont

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each party is jointly and severally liable.

**Statutory citation:** Vermont Statutes § 1036.

> No. Each party is jointly and severally liable. Vermont Statutes § 1036.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Vermont — Comparative fault system and joint and several liability rules by state


**State:** Virginia

**Rule type:** Joint and several liability rule

**Joint liability rule:** Each party is jointly and severally liable.

**Statutory citation:** Virginia Code § 8.01-443.

> No. Each party is jointly and severally liable. Virginia Code § 8.01-443.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Virginia — Comparative fault system and joint and several liability rules by state


**State:** Washington

**Rule type:** Comparative fault system

**Fault system:** Pure comparative fault

**When the plaintiff's own fault bars recovery:** 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

**Fault threshold:** None

**Statutory citation:** RCW 4.22.005

> RCW 4.22.005 Effect of contributory fault.

> In an action based on fault seeking to recover damages for injury or death to person or harm to property, 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.

Source: <https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005>

Comparative fault system · Washington — Comparative fault system and joint and several liability rules by state


**State:** Washington

**Rule type:** Joint and several liability rule

**Joint liability rule:** The liability of each defendant shall be several only and shall not be joint

**Statutory citation:** RCW 4.22.070

> RCW 4.22.070 Percentage of fault—Determination—Exception—Limitations.

> Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except: (a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party. (b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants [claimant's] total damages.

Source: <https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070>

Joint and several liability rule · Washington — Comparative fault system and joint and several liability rules by state


**State:** West Virginia

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages

**Fault threshold:** 51%

**Statutory citation:** 13c

> 13c. Liability to be several; amount of judgment; allocation of fault.

> 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.

Source: <https://code.wvlegislature.gov/55-7-13c/>

Comparative fault system · West Virginia — Comparative fault system and joint and several liability rules by state


**State:** West Virginia

**Rule type:** Joint and several liability rule

**Joint liability fault threshold:** twenty-five percent or more

**Statutory citation:** West Virginia Code § 55-7- 13c(h); West Virginia Code § 29-12A-7; and West Virginia Code § 46-3-116.

> driving; (3) criminal conduct; (4) an illegal disposal of hazardous waste; and (5) in cases against political subdivisions or its employee as to each defendant who bears twenty-five percent or more negligence, and (6) defendants who have the same liability on an instrument as makers, drawers, acceptors, indorsers, etc. West Virginia Code § 55-7- 13c(h); West Virginia Code § 29-12A-7; and West Virginia Code § 46-3-116.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · West Virginia — Comparative fault system and joint and several liability rules by state


**State:** Wisconsin

**Rule type:** Joint and several liability rule

**Joint liability rule:** 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.

**Joint liability fault threshold:** less than 51%

**Statutory citation:** Wisconsin Statutes § 895.045(1)- 895.045(3).

> Yes. 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).

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Wisconsin — Comparative fault system and joint and several liability rules by state


**State:** Wyoming

**Rule type:** Comparative fault system

**Fault system:** Modified comparative fault (51% bar)

**When the plaintiff's own fault bars recovery:** if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors

**Fault threshold:** 51%

**Statutory citation:** 1-1-109

> 1-1-109. Comparative fault.

> Contributory fault shall not bar a recovery in an action by any claimant or the claimant's legal representative to recover damages for wrongful death or injury to person or property, if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors. Any damages allowed shall be diminished in proportion to the amount of fault attributed to the claimant.

Source: <https://www.wyoleg.gov/statutes/compress/title01.pdf>

Comparative fault system · Wyoming — Comparative fault system and joint and several liability rules by state


**State:** Wyoming

**Rule type:** Joint and several liability rule

**Joint liability rule:** Defendants are responsible only for their proportionate share of negligence.

**Statutory citation:** Wyoming Statutes § 1-1-109.

> Yes. Defendants are responsible only for their proportionate share of negligence. Wyoming Statutes § 1-1-109.

Source: <https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf>

Joint and several liability rule · Wyoming — Comparative fault system and joint and several liability rules by state