Maine · Comparative Negligence

Maine Comparative Negligence Rule

Maine follows a modified 50% bar rule under 14 M.R.S. § 156. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Maine

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Maine

Modified comparative negligence with a 50% bar; the statute expressly provides that a claimant found "equally at fault" may not recover. Damages are also reduced as the jury deems just and equitable, an unusual feature.

Related: Maine statute of limitations

Maine gives you 6 years to file a personal injury lawsuit under 14 M.R.S. § 752.

See the full Maine 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 Maine attorney before relying on it.

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Maine Comparative Negligence FAQ

What comparative negligence rule does Maine follow?

Maine follows a modified 50% bar rule under 14 M.R.S. § 156. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

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

Yes, up to a point. In Maine you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Maine?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Maine bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Maine?

Maine gives you 6 years to file a personal injury lawsuit under 14 M.R.S. § 752.

Where can I read the actual rule?

The controlling authority is 14 M.R.S. § 156. The full text is available at https://mainelegislature.org/legis/statutes/14/title14sec156.html.

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