Negligence laws
Information on the law about NegligenceThe State Of The Law
As can be seen by looking at the table of negligence laws, there is great diversity among the states as to how negligence is handled. As the law of negligence continues to mature and change, courts have led the way in defining the laws and legislatures have in may cases responded with statutes that both recognize the cause of action and often limit it as well.
There have been many attempts over the years to have Congress or state legislatures pass laws that would specifically limit the amount of recovery available to plaintiffs in negligence actions. So far, none has met with much success. Under the general term "tort reform," such acts promise to be proposed in the future.
Table 36: Negligence
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| ALABAMA | None | No | Plaintiff's negligence is a bar to recovery. Contributory negligence is an affirmative defense. (ARCP, Rule 8(c)) Jackson v. Waller, 410 So.2d 98 (1982) | No | No. Gobble v. Bradford, 147 So. 619 (1933); But yes if executed instrument with joint payees or indorsers, §7-3-116 | |
| ALASKA | 23.25.010 (Employer's liability for negligence) | No | Yes, §09.17.060 Contributory fault diminishes proportionately the award based on claimant's fault, but does not bar recovery ("Pure" comparative negligence) | Kaatz v. Alaska, 540 P.2d 1037 (1975); "Pure" form adopted and codified herein | Yes; §09.17.080(d) | |
| ARIZONA | 12-2505 | Yes; §12-2501, et seq. | No right to comparative negligence if claimant intentionally, wilfully or wantonly caused/contributed to injury or wrongful death §12-2505(A) | Yes; §12-2501, et seq. | ||
| ARKANSAS | 16-64-122 | Yes; 16-61-201 to 212 | If Plaintiff's fault is of less degree than defendant's, he may recover amount diminished in proportion to degree of his own fault; if plaintiff's fault is equal to or greater than defendant, he may not recover at all (§16-64-122) | Yes; §§16-61-201 to 212 | ||
| CALIFORNIA | Civ. §1714 | No | "Pure" form adopted by Li v. Yellow Cab Co., 532 P.2d 1226 (1975). | Li v. Yellow Cab Co., 532 P.2d 1226 (1975). | Yes; (Civ.§1431.2) liability of each defendant per non-economic damages shall be several only and not joint. |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| COLORADO | 13-21-111 | Yes. §§13-50.5-101 to 13.50.5-106 | Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant's. But any damages allowed is diminished in proportion to claimant's attributed negligence (13-21-111) | Yes; §§13-50.5-101 to 13.50.5-106 | ||
| CONNECTICUT | 52-572h | Comparative negligence does not bar recovery if claimant's negligence is not greater than combined negligence of defendant(s). However, damages are diminished in proportion to attributed negligence (§52-572h) | Yes; §52-572e; also §52-572h. Must be brought within one year | |||
| DELAWARE | Tit. 10 §8132 | Yes; Tit. 10 §§6301 to 6308 | Claimant's contributory negligence does not bar recovery if such negligence is not greater than the defendant(s) negligence. But any awarded are diminished in proportion to claimant's attributed negligence (Tit. 10 §8132) | Yes; Tit. 10 §§6301 to 6308 | ||
| DISTRICT OF COLUMBIA | None | Plaintiff's negligence is a bar to recovery except the liability of common carriers for injuries to employees, when plaintiff's negligence is slight and employer's is gross. See §35-302 | No |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| FLORIDA | 768.81 | Yes; §768.31 | Any contributory fault chargeable to claimant diminishes proportionately the amount awarded as economic or uneconomic damages; §768.81 | Hoffman v. Jones, 280 So. 2d 431 (1973) | Yes; §768.31 | |
| GEORGIA | 51-11-7 | No | Claimant's contributory does not bar recovery provided his fault is less than defendant's and that by ordinary care claimant could not have avoided the consequences of defendant's negligence. However claimant's damages are diminished by amount in proportion to the amount of his fault. (§51-11-7) | Yes; §51-12-32 | ||
| HAWAII | 663-31 | Yes; §§663-11 to 663-17 | Contributory negligence or comparative responsibility does not bar recovery if claimant's negligence or comparative responsibility is not as great as defendants, but any damages are diminished in proportion to the negligence or comparative responsibility attributable to claimant (§663-31) | Yes; §§663-11 to 663-17 |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| IDAHO | 6-801 | No | Contributory negligence or comparative responsibility does not bar recovery if claimant's negligence or comparative responsibility is not as great as defendants, but any damages are diminished in proportion to the negligence or comparative responsibility attributable to claimant (§6-801) | Yes; §6-803. | ||
| ILLINOIS | 735 ILCS 5/2-1116 | No | Over 50% recovery barred; under 50% damages diminished in proportion to plaintiff's percentage of fault | Yes; 740 ILCS 100/0.01, et seq. | ||
| INDIANA | 34-51-2-5, et seq. | No | Recovery barred if contributory negligence was greater than defendant's negligence, otherwise reduces recovery proportionately | |||
| IOWA | 668.3; 668.5 | No | Contributory fault does not bar recovery unless claimant's fault is greater than defendant's, but any damages diminished in proportion to attributable fault. | Goetzman v. Wichern, 327 N.W. 2d 742 (1982) | Yes, §668.5 |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| KANSAS | 60-258a | No | Contributory negligence not a bar to recovery if claimant's negligence is less than causal negligence of defendants, but damages diminished in proportion to the amount of attributable negligence. (§60-258a) | |||
| KENTUCKY | None | No | No; Failure to put child in safety restraint is statutorily not contributory negligence. (§189.125). | Employee not guilty of contributory negligence where violation by carrier of state/federal safety statute contributed to injury or death. In the case were no safety statute has been violated, contributory negligence is not a bar to recovery, but damages diminished in proportion to the amount of attributable negligence. (277.320) | Yes; §412.030 | |
| LOUISIANA | Civ. Code Art 2323 | No | Percentage of fault of all persons contributing is determined. If person who suffers as a result partly of his own negligence, the amount of damages reduced in proportion to% of attributable negligence. | No |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| MAINE | Tit. 14 §156 | No. | Claim in respect of death or damage not defeated by reason of fault the person suffering the damage, but damages reduced to extent jury thinks just and equitable. If plaintiff's fault is 50% or more, recovery is barred. | No | ||
| MARYLAND | None | Not using seatbelt is not contributory negligence (Transp. §§22-412.3 & 4) | Yes; C & JP §3-1401 | |||
| MASSACHUSETTS | Ch. 231 §85 | Ch. 231B §§1-4 | Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant's. But any damages allowed is diminished in proportion to claimant's attributed negligence | Ch. 231B §§1-4 | ||
| MICHIGAN | None | For economic damages, award is reduced proportionately to plaintiff's negligence even if greater than 50%. For non-economic damages, negligence greater than 50% bars any recovery. (§600.2959) | Yes; 600.2925c | |||
| MINNESOTA | 604.01, et seq. | Plaintiff's negligence reduces recovery proportionately, but if greater than 50%, recovery is barred | No | |||
| MISSISSIPPI | 11-7-15 | No | Contributory negligence no bar to recovery, but damages diminished in proportion to the amount of attributable negligence. | No. |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| MISSOURI | None | In products liability cases, comparative fault is an affirmative defense. Fault shall diminish damages proportionately but does not bar recovery (537.765) | Yes; §537.060 | |||
| MONTANA | 27-1-702 | No | Claimant's negligence does not bar recovery if less than that of defendants. Damages diminished in proportion to the amount of negligence attributable. | Yes; §27-1-703 | ||
| NEBRASKA | 25-21, 185.07 to 185.12 | Plaintiff's award diminishes proportionally with negligence, but negligence equal to or greater than defendant's is a total bar. (§25-21, 185.09) | No; see §25-21, 185.10 | |||
| NEVADA | 41.141 | 17.225 to 17.305 | When claimant's negligence is greater than defendants, no recovery, otherwise proportionate to fault. | Yes; §§17.225 to 17.305 | ||
| NEW HAMPSHIRE | 507:7-d | No | Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant's. But any damages allowed is diminished in proportion to claimant's attributed negligence. | Yes; §507.7-f |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| NEW JERSEY | 2A:15-5.1, et seq. | Contributory negligence cannot be greater than the negligence of defendants. Damages diminished by the percentage sustained of negligence attributable to claimant. | Yes; 2A:15-5.3 | |||
| NEW MEXICO | None | 41-3-1 to 41-3-8 | "Pure" comparative negligence | Scott v. Rizzo, 634 P.2d 1234 (1981) | Yes; §§41-3-1 to 41-3-8 | |
| NEW YORK | Civ. Prac. L. & R. §§1411, et seq. | Contributory negligence does not bar recovery but damages are diminished in proportion to the attributable conduct. | Yes; Civ. Prac. L. & R. §§1401 et seq. | |||
| NORTH CAROLINA | None | §1B-1 to 1B-6 | Not specified | Yes; §§1B-1 to 1B-6 | ||
| NORTH DAKOTA | None | 32-38-01 to 04 | Plaintiff's negligence diminishes recovery in proportion to fault, but if greater then 50%, recovery is completely barred. | Yes; §§32-38-01 to 04 | ||
| OHIO | 2315.19 | 2307.31, 2307.33 | Contributory negligence not a bar recovery if negligence was not greater than combined negligence of persons claimant seeks recovery and all other persons claimant does not seek recovery. Damages diminished in proportion to claimant's fault. | Yes; §§2307.31, 33 | ||
| OKLAHOMA | Tit. 23 §13-14 | Tit. 12 §832 | Contributory negligence cannot be greater than negligence of defendants. Damages reduced in proportion to such person's contributory negligence. | Yes; Tit. 12 §832 |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| OREGON | 18.470 | No | Contributory negligence not a bar if fault attributable claimant is less than combined fault of defendants. | Yes; §18.440 | ||
| PENNSYLVANIA | Tit. 42 §7102 | Tit. 42 §§8321-8327 | Contributory negligence does not bar recovery if claimant's negligence is not greater than defendant's. But any damages allowed is diminished in proportion to claimant's attributed negligence. | Yes; Tit. 42 §§8321-8327 | ||
| RHODE ISLAND | 9-20-4 | §§10-6-1 to 11 | The fact that the claimant was not in the exercise of due care shall not bar recovery, but damages diminished in proportion to the amount of attributable negligence. | Yes; §§10-6-1 to 11 | ||
| SOUTH CAROLINA | None | §§15-38-10 to 70 | Exists only for motor vehicle accidents (§15-1-300) | Not specified. | Yes; §§15-38-10 to 70 | |
| SOUTH DAKOTA | 20-9-2 | 15-8-11, et seq. | Plaintiff's negligence diminishes recovery proportionately, but if more than "slight," recovery is completely barred (§20-9-2) | Yes; §§15-8-11 to 22 | ||
| TENNESSEE | None | 29-11-101, et seq. | Comparative negligence in reference to reviewing bank statements of accts. 47-4-406. | See comparative negligence. | Yes; §§29-11-101 to 106 | |
| TEXAS | Civ. Prac. & Rem. §33.001 | No | Plaintiff's negligence not greater than defendant's; award diminished in proportion to negligence (Civ. Prac. & Rem. §33.001) | Yes; Civ. Prac. & Rem. §33.012 |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| UTAH | 78-27-37, et. seq. | No | If exceeds 50%, no recovery; otherwise diminished proportionately | No; §78-27-40 | ||
| VERMONT | Tit. 12 §1036 | Contributory negligence not a bar if negligence was not greater that causal total negligence but damages diminished in proportion to the amount of attributable negligence. | No | |||
| VIRGINIA | 8.01-58 (Contributory negligence is no bar to recovery in certain employee-railroad disputes.) | No | In an action against a common carrier, comparative negligence will not bar recovery and if carrier violated a safety code, the injured party won't be found comparatively negligent (8.01-58) | 8.01-34; Contributory negligence may be applied when the wrong results from negligence and involves no moral turpitude | ||
| WASHINGTON | 4.22.005 to 925 | Yes; 4.22.005 to 925 | Contributory fault diminishes proportionately the amount of damages, but does not bar recovery. | Yes; §4.22.040 | ||
| WEST VIRGINIA | None | No | Comparative negligence is reference to discovering and reporting unauthorized signature or alteration-bank statements (§46-4-406). Otherwise not specified. | Not specified. | Bradley v. Appalachian Power Co., 256 S.E.2d 879 (1979), at 885. | Yes; §55-7-13 |
| WISCONSIN | 895.045 | No | Contributory negligence is not a bar if claimant's negligence is not greater than defendants. Damages diminished in proportion to claimant' attributable negligence. | Yes; common law right based on equitable principles (State Farm Mutual Auto Ins. v. Continental Cas. Co., 59 N.W. 2d 425) |
Table 36: Negligence—Continued
| State | Code Section | Uniform Act | Comparative Negligence | Contributory Negligence—Limit to Plaintiff's Recovery | Judicial Imposition of Comparative Negligence | Contribution Among Tortfeasors |
| WYOMING | 1-1-109 | No | Contributory fault shall not bar recovery if fault is not more than 50% of the total fault of all actors. Damages diminished in proportion to the amount of fault attributable to claimant. | No |
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