California · Comparative Negligence

California Comparative Negligence Rule

California follows a pure comparative rule under Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: California

Rule type
Pure comparative

Claimant can recover at any percentage of fault; damages are reduced proportionally.

Max fault to recover
No cap (99%)
Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) →
How recovery works
Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for California

California follows pure comparative negligence, adopted judicially in Li v. Yellow Cab Co. (1975). A claimant can recover damages even if more than 99 percent at fault; damages are reduced in direct proportion to the claimant’s share of fault. The rule is judge-made, not statutory, so the controlling authority is the case itself rather than a code section.

Related: California statute of limitations

California gives you 2 years to file a personal injury lawsuit under Cal. Code Civ. Proc. § 335.1.

See the full California statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed California attorney before relying on it.

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California Comparative Negligence FAQ

What comparative negligence rule does California follow?

California follows a pure comparative rule under Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in California?

Yes. California uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in California?

Insurance adjusters argue percentage of fault to reduce what they pay. Because California is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in California?

California gives you 2 years to file a personal injury lawsuit under Cal. Code Civ. Proc. § 335.1.

Where can I read the actual rule?

The controlling authority is Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). The full text is available at https://law.justia.com/cases/california/supreme-court/3d/13/804.html.

See comparative negligence rules for all 51 covered states

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