Key facts
- Rule type
- Pure comparative
- Jurisdictions in this group
- 10
- States
- Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington
- How recovery works
- Claimant can recover at any percentage of fault; damages are reduced proportionally. The claimant can recover at any percentage of fault; damages are reduced strictly in proportion to the claimant's share.
- Last verified
- 2026-05-22 (each state row cites the primary source)
Pure comparative negligence is the most claimant-friendly rule in U.S. tort law: a claimant can recover damages at any percentage of fault, with the award simply reduced by their share. Most pure-comparative jurisdictions adopted the rule by court decision (California in Li v. Yellow Cab, Kentucky in Hilen v. Hays, Missouri in Gustafson v. Benda, New Mexico in Scott v. Rizzo). Mississippi was the first U.S. state to adopt pure comparative negligence by statute, way back in 1910. Louisiana left the pure-comparative group on January 1, 2026 under Act 15 of 2025, leaving the remaining jurisdictions listed below.
The 10 pure comparative negligence jurisdictions
| State | Details |
|---|---|
| Alaska | Details → |
| Arizona | Details → |
| California | Details → |
| Kentucky | Details → |
| Mississippi | Details → |
| Missouri | Details → |
| New Mexico | Details → |
| New York | Details → |
| Rhode Island | Details → |
| Washington | Details → |
Informational only and not legal advice. Some states apply different rules to specific categories (medical negligence in Florida, for example). Confirm the controlling rule with a licensed attorney.