Pennsylvania · Comparative Negligence

Pennsylvania Comparative Negligence Rule

Pennsylvania follows a modified 51% bar rule under 42 Pa. Cons. Stat. § 7102. 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: Pennsylvania

Rule type: Modified 51% 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 Pennsylvania

Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal negligence of defendants.

Related: Pennsylvania statute of limitations

Pennsylvania gives you 2 years to file a personal injury lawsuit under 42 Pa. Cons. Stat. § 5524.

See the full Pennsylvania 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 Pennsylvania attorney before relying on it.

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Pennsylvania Comparative Negligence FAQ

What comparative negligence rule does Pennsylvania follow?

Pennsylvania follows a modified 51% bar rule under 42 Pa. Cons. Stat. § 7102. Claimant barred when fault is greater than 50% (the 51% rule). 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 Pennsylvania?

Yes, up to a point. In Pennsylvania 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 Pennsylvania?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Pennsylvania 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 Pennsylvania?

Pennsylvania gives you 2 years to file a personal injury lawsuit under 42 Pa. Cons. Stat. § 5524.

Where can I read the actual rule?

The controlling authority is 42 Pa. Cons. Stat. § 7102. The full text is available at https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM.

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