Contributory and Comparative Negligence by State

[Download the full list of apportionment of fault rules to easily compare how states approach these issues.]

States have varied approaches in how they apportion fault in negligence cases, employing either contributory negligence or a pure or modified form of comparative negligence. Some are based on common law, while others are codified. Many states’ policies have evolved over time. This chart serves as a starting point for further investigation into these issues.

Note: Information on this page describes contributory and comparative negligence laws as of 2022. Current information, as well as additional analysis of state-by-state joint & several liability and appointment of fault to third parties, are available to Bloomberg Law subscribers here.

Not a subscriber? Request a demo.

[Download the full list of apportionment of fault rules to easily compare how states approach these issues.]

Recommended for you

See Bloomberg Law in action

From live events to in-depth reports, discover singular thought leadership from Bloomberg Law. Our network of expert analysts is always on the case – so you can make yours. Request a demo to see it for yourself.