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Comparative Fault

Comparative fault is a legal rule that reduces your compensation by the percentage of blame you share for causing your own injury.

What it actually is

In a lawsuit, the court or jury determines each party's percentage of fault for the incident. Your final damages award is then reduced by your share of fault. This rule typically appears in personal injury, product liability, and negligence cases.

Why it matters in your case

It directly affects how much money you may recover or owe. If you are found even partially at fault, your compensation is reduced accordingly, and in some states, a high enough fault percentage can bar recovery entirely.

The common misunderstanding

Many people think comparative fault means they cannot recover anything if they were partly to blame, but that is not always true—most states allow recovery as long as your fault is below a certain threshold, which varies. It also does not mean you are legally responsible for the other party's damages unless your fault is above 50% in some jurisdictions.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.