Notes

  1. 1. Alabama, the District of Columbia, Maryland, North Carolina, and Virginia.

  2. 2. This section is based on Contributory Negligence/Comparative Fault Laws in All 50 States,” Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law, Hartford, WI. The December 2014 update notes that South Dakota uses a comparative fault system based on “slight/gross” negligence. Under this system, the fault is only compared if the plaintiff’s negligence is “slight” and the defendant negligence is “gross.” If the plaintiff’s negligence is greater than “slight,” the plaintiff cannot recover damages.

  3. 3. Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington.

  4. 4. Arkansas, Colorado, Georgia, ...

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