Comparative vs Contributory Fault Reducer
Determine how much of your total damages you can recover based on your share of fault under different negligence doctrines used across U.S. jurisdictions.
Auto-calculated as 100% minus plaintiff's fault.
Formulas Used
Pure Contributory Negligence:
Recovery = $0 if Plaintiff Fault > 0%; otherwise Recovery = Total Damages
Pure Comparative Fault:
Recovery = Total Damages × (Defendant Fault% ÷ 100)
Modified Comparative — 50% Rule:
Recovery = $0 if Plaintiff Fault ≥ 50%; otherwise Recovery = Total Damages × (Defendant Fault% ÷ 100)
Modified Comparative — 51% Rule:
Recovery = $0 if Plaintiff Fault > 50%; otherwise Recovery = Total Damages × (Defendant Fault% ÷ 100)
Defendant Fault% = 100% − Plaintiff Fault% (assumes single defendant scenario)
Assumptions & References
- Assumes a single plaintiff and single defendant; multi-party apportionment is not modeled.
- Pure Contributory Negligence is followed in Alabama, Maryland, North Carolina, Virginia, and Washington D.C. (as of 2024). Any plaintiff fault bars recovery entirely.
- Pure Comparative Fault is followed in states including California, Florida (pre-2023 reform), Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington. Plaintiff may recover even if 99% at fault.
- Modified Comparative — 50% Rule (plaintiff barred at exactly 50% or more) is used in states including Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, and West Virginia.
- Modified Comparative — 51% Rule (plaintiff barred only above 50%) is used in states including Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming.
- Florida adopted a modified comparative fault (51% rule) system effective March 24, 2023 (HB 837).
- Punitive damages, caps, and statutory limits are not included in this calculator.
- References: Restatement (Third) of Torts: Apportionment of Liability (2000); individual state negligence statutes.