Legal & Jurisdiction
Comparative Negligence by State: How Fault Affects Recovery
A state-by-state reference to comparative and contributory negligence rules, and how each one changes what an insurer can recover in subrogation.
8 min readUpdated July 27, 2026
How much an insurer recovers in subrogation depends heavily on the negligence rule in the state that governs the loss. The same facts can produce a full recovery in one state, a reduced one in another, and none at all in a few. This is a plain-language reference to the systems and where each state stands.
The negligence systems, in plain terms
- Pure comparative negligence: recovery is reduced by the recovering party's share of fault, even if that share is high. A party 90 percent at fault can still recover 10 percent.
- Modified comparative (50 percent bar): recovery is reduced by the party's share of fault, but barred entirely once that share reaches 50 percent.
- Modified comparative (51 percent bar): the same, but the bar falls at 51 percent, so a party who is exactly 50 percent at fault can still recover.
- Pure contributory negligence: any fault at all, even 1 percent, bars recovery completely. Only a few states still follow this strict rule.
- Slight/gross (South Dakota only): recovery is allowed only if the recovering party's negligence was slight compared to the other party's gross negligence.
Negligence rule by state
| State | Negligence rule |
|---|---|
| Alabama | Pure contributory negligence |
| Alaska | Pure comparative negligence |
| Arizona | Pure comparative negligence |
| Arkansas | Modified comparative (50% bar) |
| California | Pure comparative negligence |
| Colorado | Modified comparative (50% bar) |
| Connecticut | Modified comparative (51% bar) |
| Delaware | Modified comparative (51% bar) |
| District of Columbia | Pure contributory negligence |
| Florida | Modified comparative (51% bar) |
| Georgia | Modified comparative (50% bar) |
| Hawaii | Modified comparative (51% bar) |
| Idaho | Modified comparative (50% bar) |
| Illinois | Modified comparative (51% bar) |
| Indiana | Modified comparative (51% bar) |
| Iowa | Modified comparative (51% bar) |
| Kansas | Modified comparative (50% bar) |
| Kentucky | Pure comparative negligence |
| Louisiana | Modified comparative (51% bar) |
| Maine | Modified comparative (50% bar) |
| Maryland | Pure contributory negligence |
| Massachusetts | Modified comparative (51% bar) |
| Michigan | Modified comparative (51% bar) |
| Minnesota | Modified comparative (51% bar) |
| Mississippi | Pure comparative negligence |
| Missouri | Pure comparative negligence |
| Montana | Modified comparative (51% bar) |
| Nebraska | Modified comparative (50% bar) |
| Nevada | Modified comparative (51% bar) |
| New Hampshire | Modified comparative (51% bar) |
| New Jersey | Modified comparative (51% bar) |
| New Mexico | Pure comparative negligence |
| New York | Pure comparative negligence |
| North Carolina | Pure contributory negligence |
| North Dakota | Modified comparative (50% bar) |
| Ohio | Modified comparative (51% bar) |
| Oklahoma | Modified comparative (51% bar) |
| Oregon | Modified comparative (51% bar) |
| Pennsylvania | Modified comparative (51% bar) |
| Rhode Island | Pure comparative negligence |
| South Carolina | Modified comparative (51% bar) |
| South Dakota | Slight/gross comparative |
| Tennessee | Modified comparative (50% bar) |
| Texas | Modified comparative (51% bar) |
| Utah | Modified comparative (50% bar) |
| Vermont | Modified comparative (51% bar) |
| Virginia | Pure contributory negligence |
| Washington | Pure comparative negligence |
| West Virginia | Modified comparative (50% bar) |
| Wisconsin | Modified comparative (51% bar) |
| Wyoming | Modified comparative (51% bar) |
Which states bar recovery if the insured shares any fault?+
The pure contributory negligence states: Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. In these, even a small share of the insured's fault can defeat a subrogation claim entirely.
What is the difference between the 50 percent and 51 percent bar?+
Both are modified comparative systems. Under a 50 percent bar, the recovering party is barred at 50 percent fault or more. Under a 51 percent bar, they can still recover when exactly 50 percent at fault and are barred only at 51 percent or more.
Do these rules change?+
Yes. States revise them by statute: Florida moved to a modified 51 percent bar in 2023, and Louisiana did so effective January 1, 2026. Always confirm the current rule for the jurisdiction and claim type.
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