State By State Negligence Laws

In the United States, the principle of negligence plays a crucial role in personal injury cases. Each state adheres to a specific standard for their negligence laws, either contributory or comparative negligence, which impacts the outcome of these cases.

What Are Negligence Laws?

Negligence laws are a set of legal principles which dictate the process and circumstances under which individuals or organizations may be held legally responsible for harm or damages caused to others due to their failure to exercise appropriate care. These negligence laws encompass a wide range of situations, such as personal injury cases, vehicle accidents, medical malpractice, and much more.

The crux of negligence laws lie in determining whether the defendant’s conduct fell short of how a reasonable person would have acted in the same situation, leading to the injury or damage. Different states follow different forms of negligence laws, namely, pure contributory negligence, pure comparative fault, or modified comparative negligence.

Types of Negligence Laws

The three categories of negligence laws are listed below:

1. Contributory Negligence:  In states that follow the rule of contributory negligence, plaintiffs are completely barred from recovering damages if they are found to be even slightly at fault, typically even 1% at fault. This rule is considered harsh as it doesn’t allow for any degree of fault from the plaintiff’s side. Only 4 states and the District of Columbia follow contributory negligence: Alabama, D.C., Maryland, North Carolina, and Virginia.
2. Comparative Negligence:  This rule is followed by 45 states and is further divided into pure comparative negligence and modified comparative negligence (with one subcategory for slight versus gross negligence).
   • Pure Comparative Negligence:  Allows plaintiffs to seek compensation regardless of their level of fault in the accident. The amount recoverable is reduced based on their degree of fault. For example, if the plaintiff is 75% responsible for the accident, they can still recover damages limited to the 25% attributed to the other party’s fault. This rule is more forgiving towards plaintiffs, allowing them to recover a portion of their damages, even with substantial fault in the accident. Pure comparative negligence is followed by 12 states.
   • Modified Comparative Negligence:  In modified comparative negligence, a plaintiff cannot recover damages if they are found to be 50% or 51% or more at fault (depending on the state’s specific rule). If their degree of fault is less, they can recover damages, with the award reduced in proportion to their level of fault. Modified comparative negligence is followed by 33 states.
     • Slight versus Gross Negligence:  Only South Dakota practices a unique concept called “slight versus gross negligence.” It operates under the rule of “Modified Comparative Negligence”, but differentiates between slight and gross negligence. This means that if a plaintiff’s negligence in an accident is deemed slight and the defendant’s negligence is deemed gross, the plaintiff’s slight negligence will not bar them from recovering damages. However, if the plaintiff’s negligence is more than ‘slight,’ it could prevent them from recovering damages.

What are the 51% and 50% Rules Related to Negligence?

The 51% and 50% rules are associated with the modified comparative negligence doctrine practiced in many state negligence laws across the US.

• 51% Rule:  Under this rule, a plaintiff cannot recover damages if they are found to be 51% (or more) responsible for the incident causing harm. This means that a party must be less at fault than any other party or parties involved to receive compensation. If the plaintiff’s fault is equal to or exceeds this threshold, they are barred from recovery.
• 50% Rule:  Contrarily, the 50% rule bars a plaintiff from recovering damages if they are found to be 50% (or more) at fault. Here, the plaintiff must be less at fault than all other parties combined to recover damages.

In both cases, if the plaintiff is eligible for damage recovery, the compensation they receive is reduced in proportion to their degree of fault. For instance, if a plaintiff is 30% at fault and has $10,000 in damages, they would receive $7,000 after their degree of fault is factored in.

State By State Negligence Laws

Below, you will find a list of all 50 states and the District of Columbia, along with their corresponding negligence laws related to personal injury, and a link to the relevant state law.

How is Negligence Determined in Personal Injury Cases?

Determining negligence in personal injury cases generally involves four key elements: duty, breach, causation, and damages.

• Duty:  This refers to the responsibility one party has to avoid causing harm to another. For instance, drivers have a duty to follow traffic laws to prevent harm to others on the road.
• Breach:  A breach is a violation of the duty of care. If a party fails to behave as a reasonable person would in a similar situation, they’ve breached their duty. For example, if a driver runs a red light, they have breached their duty to obey traffic laws.
• Causation:  This element links the breach of duty directly to the plaintiff’s injury. The plaintiff must prove that the defendant’s actions (or lack thereof) directly caused their injury.
• Damages:  Finally, the plaintiff must show that they suffered harm as a result of the defendant’s actions. This could include physical injury, damage to property, or financial loss.

The burden of proof lies with the plaintiff, who must establish all four elements to demonstrate that the defendant was negligent and claim different types of personal injury damages. The specifics of these elements can vary by state, so state negligence laws and precedents greatly influence negligence determinations.

Closing Thoughts on State Negligence Laws

Negligence laws provide a general framework for understanding how different states affect compensation recovery. However, it’s important to note that each state has unique limitations and provisions that may hinder victims from receiving the compensation they rightfully deserve.

For example, some states exclude product liability claims from these conventional negligence laws, as they have their own specific regulations. Additionally, the intricacies of a state’s fault systems can further complicate the process of filing a claim or seeking compensation.

Therefore, we strongly recommend seeking the guidance of an experienced attorney to address any questions you may have regarding the claims process in your specific state and its negligence laws.