Idaho: Pure vs. Modified Comparative Negligence

Idaho shares its 50% threshold with about a dozen other states — but the way it actually applies that threshold to multiple defendants is genuinely its own.

Four systems, and Idaho uses the stricter middle version

American fault law splits into four real categories: pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Idaho uses the 50% bar — the less common, stricter of the two modified thresholds nationally.

Idaho's rule: barred at the threshold

Under Idaho Code § 6-801, a claimant recovers only if their negligence was not as great as the negligence of the person against whom recovery is sought — in practice, fault must be strictly below 50%.

What genuinely sets Idaho apart within this category

Idaho's 50% threshold alone isn't unique — Georgia and Colorado share it. What's genuinely distinctive is how Idaho applies that threshold when more than one defendant is involved: the "individual rule" compares the claimant's fault to each defendant separately, rather than to the defendants' combined total. This can produce outcomes no other 50%-bar or 51%-bar state would reach on identical facts, since most of those states compare the claimant against the aggregate fault of every defendant together.

The more forgiving alternative: a 51% bar

A larger group of about 21 states, including Connecticut and Hawaii, use a more forgiving version: recovery is barred only when the claimant's fault actually exceeds the defendant's, not merely equals it, and typically compares against the defendants' combined fault rather than each one individually.

Pure comparative negligence and contributory negligence: the two extremes

At the more forgiving end of the spectrum, pure comparative negligence states like California never bar recovery for ordinary fault at all. At the far stricter end, the five contributory negligence jurisdictions — Alabama, Maryland, North Carolina, Virginia, and DC — bar recovery entirely for any fault, even 1%. See our guide to the other states using a 50% bar for Idaho's closest peer group nationally.

Pure vs. modified comparative negligence — frequently asked questions

What are the four fault systems used across US states?

Pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Idaho uses the 50% bar.

How does Idaho's 50% bar differ from a 51% bar?

A 51% bar state denies recovery only once the claimant's fault exceeds the defendant's. Idaho's 50% bar denies recovery once the claimant's fault simply equals the defendant's, so an even 50-50 split results in zero recovery.

What makes Idaho's version of the 50% bar unusually distinctive?

Idaho's individual rule, which compares the claimant's fault to each defendant separately rather than to the combined fault of all defendants together — a mechanic not shared by most other 50%-bar or 51%-bar states.

How does Idaho's rule differ from a pure comparative negligence state?

A pure comparative state like California never bars recovery for ordinary fault, no matter how high the percentage. Idaho bars recovery entirely once fault reaches 50%.

How does Idaho's rule differ from contributory negligence states?

Contributory negligence states, like Alabama, bar recovery for any fault at all, even 1%. Idaho allows recovery for any fault up to just under 50%, reduced proportionally.

This page provides general guidance only and is not legal advice. Figures are based on Idaho statute (Idaho Code § 6-801 to § 6-803) and general US negligence law, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Idaho attorney before acting.