The Importance of Negligence Law in Personal Injury Cases

What is Negligence Law?

Negligence law is a part of personal injury law that holds individuals and entities accountable for causing harm to others through careless actions or failure to act responsibly. 

In simpler terms, if someone gets hurt because another person wasn’t careful, negligence law allows the injured person to seek compensation for their injuries and losses.

Why is Negligence Law Important?

1. Protects people from harm: Negligence law encourages everyone to act responsibly and consider the safety of others. By holding people accountable for careless behavior, it helps prevent accidents and injuries.
2. Provides fair compensation: When someone is hurt due to another’s negligence, they may face medical bills, lost wages, and other expenses. Negligence law ensures that the injured person can receive compensation to cover these costs and aid in their recovery.
3. Promotes justice: It provides a legal pathway for victims to seek justice. If someone’s carelessness causes harm, negligence law allows the victim to hold them legally responsible.
4. Encourages accountability: Knowing there are legal consequences for negligent actions, individuals and organizations are more likely to maintain safe practices, which benefits everyone in the community.

Negligence law is essential because it helps create a safer society by promoting responsible behavior and ensuring that those harmed by carelessness receive the support they need.

What is Contributory Negligence?

Contributory negligence is a legal doctrine that can prevent a plaintiff from recovering any damages if they are found to be even partially at fault for the incident that caused their injuries. Under this rule, if the plaintiff is found to have contributed to their own harm in any way, they may be barred from receiving any compensation from the defendant.

Only four states and territories in the U.S. have contributory negligence laws: Alabama, the District of Columbia, Maryland, North Carolina, and Virginia. 

What is Comparative Negligence?

Comparative negligence, on the other hand, allocates fault between the plaintiff and the defendant based on their respective contributions to the harm. 

There are two main types of comparative negligence:

1. Pure Comparative Negligence Law: This rule allows the plaintiff to recover damages even if they are 99% at fault, although their recovery is reduced by their percentage of fault.

2. Modified Comparative Negligence Law: This rule allows the plaintiff to recover damages only if their fault is less than a specified percentage, typically 50% or 51%. If the plaintiff’s fault meets or exceeds this threshold, they are barred from recovering any damages.

Thirteen states and one territory have pure comparative negligence laws, while thirty-three have modified comparative negligence laws.

Contributory and Comparative Negligence Law by State

Alabama

• Negligence Rule: Contributory Negligence
• Description: The plaintiff cannot recover if found to be at fault in any way. 
• Legal Citation: Alabama Rule of Civil Procedure 8(c)

Alaska

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: AK Stat § 09.17.060 (2023)

Arizona

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: AZ Rev Stat § 12-2505 (2023)

Arkansas

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: AR Code § 16-64-122 (2020)

California

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: Cal. Civ. Code § 1431.2

Colorado

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: CO Code § 13-21-111 (2022)

Connecticut

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: CT Gen Stat § 52-572h. (2023)

Delaware

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: 10 DE Code § 8132 (2023)

District of Columbia

• Negligence Rule: Contributory Negligence
• Description: Plaintiff cannot recover if found to be at fault in any way. The Last Clear Chance Doctrine is an exception where applicable. Distinct rules for pedestrians and “vulnerable [transportation] users.”
• Legal Code Citation: D.C. Code § 16-2701, DC Code § 50–2204.52 (2023)

Florida

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault, except in medical malpractice cases.
• Legal Code Citation: FL Stat § 768.81 (2023)

Georgia

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citations: GA Code § 51-11-7 (2022), GA Code § 51-12-33 (2022)

Hawaii

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: HI Rev Stat § 663-31 (2023)

Idaho

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: ID Code § 6-801 (2023)

Illinois

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: 735 ILCS 5/2-1116

Indiana

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citations: IN Code § 34-51-2-5 (2023),  IN Code § 34-51-2-6 (2023)

Iowa

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: IA Code § 668.3 (2022)

Kansas

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: KS Stat § 60-258a (2023)

Kentucky

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: KY Rev Stat § 411.182 (2023)

Louisiana

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: LA Civ Code Art. 2323 (2023)

Maine

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: 14 M.R.S. § 156 (2023)

Maryland

• Negligence Rule: Contributory Negligence
• Description: Plaintiff cannot recover if found to be at fault in any way.

Massachusetts

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: MA Gen L ch 231 § 85 (2022)

Michigan

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citations:  MCL 600.2957,  MCL 600.6304., MCL § 600.2959 (2023)

Minnesota

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: MN Stat § 604.01 (2023)

Mississippi

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: MS Code § 11-7-15 (2020)

Missouri

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Citation: MO Rev. Stat. § 537.765

Montana

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: MT Code § 27-1-702 (2023)

Nebraska

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault. The assumption of risk is an affirmative defense.
• Legal Code Citation: NE Code § 25-21,185.09 (2023)

Nevada

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: NV Rev Stat § 41.141 (2022)

New Hampshire

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: NH Rev Stat § 507:7-d (2022)

New Jersey

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: NJ Rev Stat § 2A:15-5.1 (2023)

New Mexico

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: NM Stat § 41-3A-1 (2023)

New York

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: NY CPLR § 1411 (2022)

North Carolina

• Negligence Rule: Contributory Negligence
• Description: Plaintiff cannot recover if found to be at fault in any way.
• Legal Code Citation: NC Gen Stat § 1-139 (2022)

North Dakota

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: N.D. Cent. Code § 32-03.2-02

Ohio

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: OH Rev Code § 2315.33 (2023)

Oklahoma

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: 23 OK Stat § 13 (2023)

Oregon

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: OR Rev Stat § 31.600 (2021)

Pennsylvania

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: 42 PA Cons Stat § 7102 (2023)

Puerto Rico

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: P.R. Laws Ann. tit. 31, § 5141

Rhode Island

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: RI Gen L § 9-20-4. (2023)

South Carolina

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: S.C. Code Ann. § 15-38-15

South Dakota

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: S.D. Codified Laws § 20-9-2

Tennessee

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citations: TN Code § 29-11-102 (2021), TN Code § 29-11-103 (2021)

Texas

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault.
• Legal Code Citation: TX Civ Prac & Rem Code § 33.001 (2023)

Utah

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: UT Code § 78B-5-818 (2023), UT Code § 78B-5-819 (2023)

Vermont

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: 12 V.S.A. § 1036

Virginia

• Negligence Rule: Contributory Negligence
• Description: Plaintiff cannot recover if found to be at fault in any way.
• Legal Code Citation: VA Code Ann. § 8.01-34

Washington

• Negligence Rule: Pure Comparative Negligence
• Description: Plaintiff can recover damages minus their percentage of fault.
• Legal Code Citation: WA Rev Code § 4.22.005 (2023)

West Virginia

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citations: WV Code § 55-7-13a (2023), WV Code § 55-7-13b (2023), WV Code § 55-7-13c (2023)

Wisconsin

• Negligence Rule: Modified Comparative Negligence (51%)
• Description: Plaintiff barred from recovery if 51% or more at fault. Special rules may apply in cases of product liability.
• Legal Code Citation: WI Stat § 895.045 (2023)

Wyoming

• Negligence Rule: Modified Comparative Negligence (50%)
• Description: Plaintiff barred from recovery if 50% or more at fault.
• Legal Code Citation: WY Stat § 1-1-109 (2022)

nationwide Experts in Negligence Law

At Alexander Shunnarah Trial Attorneys, we are experts in negligence law, committed to securing maximum compensation for our clients. With an unwavering dedication to justice, our seasoned legal team navigates the complex landscape of negligence cases, from personal injury to wrongful death. We understand the financial and emotional burdens that accompany these incidents, and we stand ready to fight for the rights of individuals nationwide.

Our comprehensive, client-centered approach ensures that each case is meticulously evaluated, leveraging our deep knowledge of both federal and state-specific legal nuances.

Trust Alexander Shunnarah Trial Attorneys to provide unparalleled legal expertise and relentless advocacy, guiding you through every step toward the compensation and justice you deserve.

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