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Explanation of Terms in Negligence Laws Chart


"Code Section" - Citation to the section of the state's law (or "code") that pertains to negligence. If the "Code Section" column is blank or reads "none," no relevant section is found in that state's code).

"Comparative Negligence" - The legal doctrine of comparative negligence allows an injured person (the "plaintiff') to recover damages based on the percentage of his or her own fault (or "negligence") in the incident that caused the injury. For example, in an accident where the plaintiff is found to be 10% at fault, he or she could still sue to recover 90% of the damages that were suffered. (More on Comparative Negligence)

"Contributory Negligence (Limit to Plaintiff's Recovery)" - Originally, under the doctrine of contributory negligence if it were shown that the plaintiff contributed in any way to his injuries, he was barred from any recovery. This has been modified over time to permit the plaintiff to recover even if he contributed to his injuries, as long as his fault is under 50 percent. In these cases, recovery is relative to fault. For instance, if a jury finds a party's injuries worth $100,000 and holds that the party was 25 percent at fault, the party's recovery would be $75,000. On the other hand, if the jury found the party 60 percent at fault, the party would be barred from any recovery. (More on Contributory Negligence)

"Contribution Among Tortfeasors" - Under the doctrine of "contribution among tortfeasors," one liable party (called a "tortfeasor") may sue a fellow tortfeasor to recover any damages paid in excess of the proportion of fault.

"Uniform Act" - Indicates whether the state follows the "Uniform Contribution Among Tortfeasors Act," which allows a person found liable for negligence (sometimes called a "tortfeasor") to seek financial contribution from others who are also liable, when the tortfeasor has paid more than her or his pro rata share of the common liability. For states that do follow the Uniform Contribution Among Tortfeasors Act, the relevant state law code section is indicated.