{ "name": "Comparative fault system and joint and several liability rules by state", "description": "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.", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/", "licence": "unknown", "last_verified": "2026-08-31", "stale_after": "2027-08-31", "sources": [ "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "https://www.azleg.gov/ars/12/02505.htm", "https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf", "https://www.cga.ct.gov/current/pub/chap_925.htm", "https://delcode.delaware.gov/title10/c081/index.html", "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html", "https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm", "https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/", "https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116", "https://www.legis.iowa.gov/docs/code/668.3.pdf", "https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html", "https://legislature.maine.gov/statutes/14/title14sec156.html", "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85", "https://www.revisor.mn.gov/statutes/cite/604.01", "https://www.revisor.mn.gov/statutes/cite/604.02", "https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html", "https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09", "https://www.leg.state.nv.us/NRS/NRS-041.html", "https://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-d.htm", "https://ndlegis.gov/cencode/t32c03-2.pdf", "https://codes.ohio.gov/ohio-revised-code/section-2315.33", "https://codes.ohio.gov/ohio-revised-code/section-2307.22", "https://www.oregonlegislature.gov/bills_laws/ors/ors031.html", "https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm", "https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005", "https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070", "https://code.wvlegislature.gov/55-7-13c/", "https://www.wyoleg.gov/statutes/compress/title01.pdf" ], "records": [ { "state": "Alabama", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each defendant is jointly and severally liable.", "citation": "Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).", "id": "alabama-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/alabama-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable. Matkin v. Smith, 643 So. 2d 949, 951 (Ala.1994).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Alaska", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence.", "citation": "Alaska Statutes \u00a7 09.17.080(d).", "id": "alaska-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/alaska-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence. Alaska Statutes \u00a7 09.17.080(d).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Arizona", "rule_type": "Comparative fault system", "fault_system": "Pure comparative fault", "fault_bar": "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", "citation": "12-2505", "id": "arizona-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/arizona-comparative-fault-system/", "source": "https://www.azleg.gov/ars/12/02505.htm", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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\u2019s Liability Act.", "citation": "Arizona Statutes \u00a7 12-2506 (2001).", "id": "arizona-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/arizona-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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\u2019s Liability Act. Arizona Statutes \u00a7 12-2506 (2001).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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.", "citation": "Arkansas Code \u00a7 16-55- 201 (2003).", "id": "arkansas-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/arkansas-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Pure several liability, tortfeasor only liable for their proportion of the negligence. Arkansas Code \u00a7 16-55- 201 (2003).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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.", "citation": "California Civil Code \u00a7 1431.2(a) (2015).", "id": "california-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/california-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are proportionately liable for non-economic damages. However, they are jointly and severally liable for economic damages. California Civil Code \u00a7 1431.2(a) (2015).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Colorado", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_bar": "if such negligence was not as great as the negligence of the person against whom recovery is sought", "fault_threshold": "50%", "citation": "13-21-111", "id": "colorado-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/colorado-comparative-fault-system/", "source": "https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf", "source_quote": "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", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Colorado", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence", "citation": "Colorado Revised Statutes \u00a7 13- 21-111.5.", "id": "colorado-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/colorado-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Connecticut", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "if the negligence was not greater than the combined negligence of the person or persons against whom recovery is sought", "fault_threshold": "51%", "citation": "Sec. 52-572h", "id": "connecticut-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/connecticut-comparative-fault-system/", "source": "https://www.cga.ct.gov/current/pub/chap_925.htm", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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\u2019s proportionate share is uncollectible, it shall reallocate the uncollectible non-economic damages among other defendants according to their percentages of negligence.", "citation": "Connecticut General Statutes \u00a7 52-572h(c).", "id": "connecticut-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/connecticut-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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\u2019s proportionate share is uncollectible, it shall reallocate the uncollectible non-economic damages among other defendants according to their percentages of negligence.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Delaware", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "8132", "id": "delaware-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/delaware-comparative-fault-system/", "source": "https://delcode.delaware.gov/title10/c081/index.html", "source_quote": "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\u2019s 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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Delaware", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each defendant is jointly and severally liable.", "citation": "10 Delaware Code \u00a7 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).", "id": "delaware-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/delaware-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable. 10 Delaware Code \u00a7 6301; Blackshear v. Clark, 391 A.2d 747 (Del. 1978).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "District of Columbia", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each defendant is jointly and severally liable.", "citation": "National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).", "id": "district-of-columbia-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/district-of-columbia-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable. National Health Laboratories, Inc. v. Ahmadi, 596 A.2d 555 (D.C. 1991).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Florida", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "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%", "citation": "768.81", "id": "florida-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/florida-comparative-fault-system/", "source": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Florida", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence.", "citation": "Florida Statutes \u00a7 768.81(2) (2015).", "id": "florida-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/florida-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence. Florida Statutes \u00a7 768.81(2) (2015).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Georgia", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence.", "citation": "Georgia Code \u00a7 51-12-33 (2022).", "id": "georgia-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/georgia-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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\u2019s degree of fault. Georgia Code \u00a7 51-12-33 (2022).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Hawaii", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "663-31", "id": "hawaii-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/hawaii-comparative-fault-system/", "source": "https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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\u2019s negligence is 25% or more; intentional torts; strict liability torts;", "joint_liability_threshold": "25% or more", "citation": "HRS \u00a7 663-10.9.", "id": "hawaii-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/hawaii-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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\u2019s negligence is 25% or more; intentional torts; strict liability torts;", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Idaho", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_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", "fault_threshold": "50%", "citation": "6-801", "id": "idaho-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/idaho-comparative-fault-system/", "source": "https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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.", "citation": "Idaho Code \u00a7 6-803; Jones v. HealthSouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009).", "id": "idaho-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/idaho-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 6-803; Jones v. HealthSouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Illinois", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "735 ILCS 5/2-1116", "id": "illinois-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/illinois-comparative-fault-system/", "source": "https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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_threshold": "25 percent or more", "citation": "735 Illinois Compiled Statutes \u00a7 5/2-1117.", "id": "illinois-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/illinois-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 5/2-1117.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Indiana", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Several liability for all but governmental entities and health care providers.", "citation": "Indiana Code \u00a7 34-51-2-8.", "id": "indiana-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/indiana-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Several liability for all but governmental entities and health care providers. Indiana Code \u00a7 34-51-2-8.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Iowa", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants", "fault_threshold": "51%", "citation": "668.3", "id": "iowa-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/iowa-comparative-fault-system/", "source": "https://www.legis.iowa.gov/docs/code/668.3.pdf", "source_quote": "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", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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_threshold": "50% or more", "citation": "Iowa Code \u00a7 668.4.", "id": "iowa-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/iowa-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 668.4.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Kansas", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_bar": "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%", "citation": "60-258a", "id": "kansas-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/kansas-comparative-fault-system/", "source": "https://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Kansas", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence.", "citation": "Kansas Statutes \u00a7 60-258a (2010).", "id": "kansas-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/kansas-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence. Kansas Statutes \u00a7 60-258a (2010).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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.", "citation": "Kentucky Revised Statutes \u00a7 411.182.", "id": "kentucky-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/kentucky-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "When court apportions percentage of fault, defendant is only liable for comparable share of damages. Kentucky Revised Statutes \u00a7 411.182.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Louisiana", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Damages may be several, joint, or solidary.", "citation": "Louisiana Revised Statutes \u00a7 1786.", "id": "louisiana-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/louisiana-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Damages may be several, joint, or solidary. Louisiana Revised Statutes \u00a7 1786.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Maine", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_bar": "If such claimant is found by the jury to be equally at fault, the claimant may not recover.", "fault_threshold": "50%", "citation": "156", "id": "maine-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/maine-comparative-fault-system/", "source": "https://legislature.maine.gov/statutes/14/title14sec156.html", "source_quote": "If such claimant is found by the jury to be equally at fault, the claimant may not recover.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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\u2019s degree of fault is greater than the defendant\u2019s.", "citation": "Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. \u00a7 156.", "id": "maine-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/maine-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable except in cases where the plaintiff\u2019s degree of fault is greater than the defendant\u2019s. Paine v. Spottiswoode, 612 A.2d 235 (Me. 1992). 14 M.R.S. \u00a7 156.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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.", "citation": "Maryland Code \u00a7 3-1401.", "id": "maryland-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/maryland-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable except when a plaintiff contributes to their own injuries. Maryland Code \u00a7 3-1401.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Massachusetts", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "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%", "citation": "Section 85", "id": "massachusetts-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/massachusetts-comparative-fault-system/", "source": "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Massachusetts", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each defendant is jointly and severally liable.", "citation": "General Law - Part III, Title II, Chapter 231B, \u00a7 1.", "id": "massachusetts-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/massachusetts-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable. General Law - Part III, Title II, Chapter 231B, \u00a7 1.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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.", "citation": "MCLS \u00a7 600.6304.", "id": "michigan-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/michigan-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Defendants in Medical Malpractice suits are jointly and severally liable. All others are purely several. MCLS \u00a7 600.6304.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Minnesota", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "if the contributory fault was not greater than the fault of the person against whom recovery is sought", "fault_threshold": "51%", "citation": "604.01", "id": "minnesota-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/minnesota-comparative-fault-system/", "source": "https://www.revisor.mn.gov/statutes/cite/604.01", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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_threshold": "greater than 50 percent", "citation": "604.02 APPORTIONMENT OF DAMAGES.", "id": "minnesota-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/minnesota-joint-and-several-liability-rule/", "source": "https://www.revisor.mn.gov/statutes/cite/604.02", "source_quote": "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", "verified_fields": [ "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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.", "citation": "Mississippi Code \u00a7 85-5- 7(2) and (4).", "id": "mississippi-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/mississippi-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 85-5- 7(2) and (4).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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_threshold": "greater than 51%", "citation": "Missouri Revised Statutes \u00a7 537.067", "id": "missouri-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/missouri-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 537.067", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Montana", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "27-1-702", "id": "montana-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/montana-comparative-fault-system/", "source": "https://archive.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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_threshold": "50% or less", "citation": "Montana Code \u00a7 27-1-703.", "id": "montana-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/montana-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 27-1-703.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Nebraska", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_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", "fault_threshold": "50%", "citation": "25-21,185.09", "id": "nebraska-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/nebraska-comparative-fault-system/", "source": "https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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.", "citation": "Nebraska Revised Statutes \u00a7 25-21,185.10.", "id": "nebraska-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/nebraska-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 25-21,185.10.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Nevada", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "NRS 41.141", "id": "nevada-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/nevada-comparative-fault-system/", "source": "https://www.leg.state.nv.us/NRS/NRS-041.html", "source_quote": "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\u2019s 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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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", "citation": "Nevada Revised Statutes \u00a7 41.141; Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989).", "id": "nevada-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/nevada-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 41.141; Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "New Hampshire", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "if such fault was not greater than the fault of the defendant, or the defendants in the aggregate", "fault_threshold": "51%", "citation": "507:7-d", "id": "new-hampshire-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/new-hampshire-comparative-fault-system/", "source": "https://www.gencourt.state.nh.us/rsa/html/LII/507/507-7-d.htm", "source_quote": "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", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "New Hampshire", "rule_type": "Joint and several liability rule", "joint_liability_threshold": "50 percent or more", "citation": "New Hampshire Statutes \u00a7 507:7-e.", "id": "new-hampshire-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/new-hampshire-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes, if a defendant is 50 percent or more at fault", "verified_fields": [ "citation", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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_threshold": "less than 60% at fault", "citation": "New Jersey Statutes \u00a7 2A:15-5.3 (1995).", "id": "new-jersey-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/new-jersey-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 2A:15-5.3 (1995).", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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 \u201chaving a sound basis in public policy.\u201d", "citation": "N.M. Stat. \u00a7 41-3A-1.", "id": "new-mexico-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/new-mexico-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u201chaving a sound basis in public policy.\u201d N.M. Stat. \u00a7 41-3A-1.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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_threshold": "50% or less", "citation": "Cooney v. Osgood Machinery, 612 N.E.2d 277 (N.Y. 1993); Civil Practice Law & Rules Article 16 \u00a7\u00a7 1600 \u2014 1603.", "id": "new-york-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/new-york-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7\u00a7 1600 \u2014 1603.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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\u2019s 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.", "citation": "North Carolina General Statutes \u00a7 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971).", "id": "north-carolina-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/north-carolina-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each defendant is jointly and severally liable, except if a plaintiff\u2019s 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 \u00a7 1B-2. Brewer v. Harris, 279 N.C. 288, 182 S.E.2d 345 (N.C. 1971).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "North Dakota", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (50% bar)", "fault_bar": "unless the fault was as great as the combined fault of all other persons who contribute to the injury", "fault_threshold": "50%", "citation": "32-03.2-02", "id": "north-dakota-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/north-dakota-comparative-fault-system/", "source": "https://ndlegis.gov/cencode/t32c03-2.pdf", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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.", "citation": "North Dakota Century Code \u00a7 32-03.2-02.", "id": "north-dakota-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/north-dakota-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 32-03.2-02.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Ohio", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "Section 2315.33", "id": "ohio-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/ohio-comparative-fault-system/", "source": "https://codes.ohio.gov/ohio-revised-code/section-2315.33", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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_threshold": "more than fifty per cent", "citation": "Section 2307.22", "id": "ohio-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/ohio-joint-and-several-liability-rule/", "source": "https://codes.ohio.gov/ohio-revised-code/section-2307.22", "source_quote": "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.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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.", "citation": "Oklahoma Statutes \u00a7 23-15.", "id": "oklahoma-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/oklahoma-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 23-15.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Oregon", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_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", "fault_threshold": "51%", "citation": "31.600", "id": "oregon-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/oregon-comparative-fault-system/", "source": "https://www.oregonlegislature.gov/bills_laws/ors/ors031.html", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Oregon", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence", "citation": "Oregon Revised Statutes \u00a7 31.610.", "id": "oregon-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/oregon-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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_threshold": "60 percent or more", "citation": "42 Pa. C.S. \u00a7 7102.", "id": "pennsylvania-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/pennsylvania-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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. \u00a7 7102.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Rhode Island", "rule_type": "Comparative fault system", "fault_system": "Pure comparative fault", "fault_bar": "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", "citation": "9-20-4", "id": "rhode-island-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/rhode-island-comparative-fault-system/", "source": "https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.htm", "source_quote": "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", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Rhode Island", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each party is jointly and severally liable.", "citation": "Rhode Island General Laws \u00a7 10- 6-2.", "id": "rhode-island-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/rhode-island-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each party is jointly and severally liable. Rhode Island General Laws \u00a7 10- 6-2.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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_threshold": "equal to or greater than 50%", "citation": "South Carolina Code \u00a7 15-38-15.", "id": "south-carolina-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/south-carolina-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "negligence. Defendants who are equal to or greater than 50% at fault can be held jointly and severally liable. South Carolina Code \u00a7 15-38-15.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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_threshold": "less than 50%", "citation": "South Dakota Codified Laws \u00a7 15-8-11.", "id": "south-dakota-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/south-dakota-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 15-8-11.", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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\u2019s claim against a manufacturer on a theory of strict liability or breach of warranty.", "citation": "Tennessee Code \u00a7 29-11-107.", "id": "tennessee-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/tennessee-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Only in the following actions: (1)in a civil conspiracy when two or more at fault defendants act in concert; and in a product\u2019s claim against a manufacturer on a theory of strict liability or breach of warranty. Tennessee Code \u00a7 29-11-107.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "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_threshold": "more than 51%", "citation": "Texas Civil Practice & Remedies Code \u00a7 33.013(a).", "id": "texas-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/texas-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 33.013(a).", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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 \u00a7 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).", "citation": "Utah Code \u00a7 78B-5-818.", "id": "utah-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/utah-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence. Utah Code \u00a7 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).", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Vermont", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each party is jointly and severally liable.", "citation": "Vermont Statutes \u00a7 1036.", "id": "vermont-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/vermont-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each party is jointly and severally liable. Vermont Statutes \u00a7 1036.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Virginia", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Each party is jointly and severally liable.", "citation": "Virginia Code \u00a7 8.01-443.", "id": "virginia-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/virginia-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "No. Each party is jointly and severally liable. Virginia Code \u00a7 8.01-443.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Washington", "rule_type": "Comparative fault system", "fault_system": "Pure comparative fault", "fault_bar": "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", "citation": "RCW 4.22.005", "id": "washington-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/washington-comparative-fault-system/", "source": "https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.005", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "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", "citation": "RCW 4.22.070", "id": "washington-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/washington-joint-and-several-liability-rule/", "source": "https://app.leg.wa.gov/RCW/default.aspx?cite=4.22.070", "source_quote": "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.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "West Virginia", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "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%", "citation": "13c", "id": "west-virginia-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/west-virginia-comparative-fault-system/", "source": "https://code.wvlegislature.gov/55-7-13c/", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "West Virginia", "rule_type": "Joint and several liability rule", "joint_liability_threshold": "twenty-five percent or more", "citation": "West Virginia Code \u00a7 55-7- 13c(h); West Virginia Code \u00a7 29-12A-7; and West Virginia Code \u00a7 46-3-116.", "id": "west-virginia-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/west-virginia-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 55-7- 13c(h); West Virginia Code \u00a7 29-12A-7; and West Virginia Code \u00a7 46-3-116.", "verified_fields": [ "citation", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "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_threshold": "less than 51%", "citation": "Wisconsin Statutes \u00a7 895.045(1)- 895.045(3).", "id": "wisconsin-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/wisconsin-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "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 \u00a7 895.045(1)- 895.045(3).", "verified_fields": [ "citation", "joint_liability_rule", "joint_liability_threshold" ], "derived_fields": [ "rule_type", "state" ] }, { "state": "Wyoming", "rule_type": "Comparative fault system", "fault_system": "Modified comparative fault (51% bar)", "fault_bar": "if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors", "fault_threshold": "51%", "citation": "1-1-109", "id": "wyoming-comparative-fault-system", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/wyoming-comparative-fault-system/", "source": "https://www.wyoleg.gov/statutes/compress/title01.pdf", "source_quote": "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.", "verified_fields": [ "citation", "fault_bar" ], "derived_fields": [ "fault_system", "fault_threshold", "rule_type", "state" ] }, { "state": "Wyoming", "rule_type": "Joint and several liability rule", "joint_liability_rule": "Defendants are responsible only for their proportionate share of negligence.", "citation": "Wyoming Statutes \u00a7 1-1-109.", "id": "wyoming-joint-and-several-liability-rule", "url": "https://referencesource.org/state-comparative-fault-joint-liability-rules/wyoming-joint-and-several-liability-rule/", "source": "https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf", "source_quote": "Yes. Defendants are responsible only for their proportionate share of negligence. Wyoming Statutes \u00a7 1-1-109.", "verified_fields": [ "citation", "joint_liability_rule" ], "derived_fields": [ "rule_type", "state" ] } ] }