New Jersey Comparative Negligence Calculator (51%)

New Jersey only cuts you off once your fault actually exceeds the combined fault of everyone you're suing — and separately sets a distinctive 60% line for a defendant's full liability exposure.

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Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In New Jersey, exactly where you land relative to 50% and 51% changes everything.

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New Jersey's rule: barred only when you exceed the combined fault

Under NJSA 2A:15-5.1, "contributory negligence shall not bar recovery... if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought." Damages are reduced in proportion to the claimant's own degree of negligence — but only once that negligence actually exceeds 50% of the combined total does recovery get barred entirely.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under New Jersey's rule, because their negligence was not greater than the combined negligence of those they're suing. A claimant found 51% at fault recovers nothing at all.

Worked example

Someone with $100,000 in damages, found 49% at fault, recovers $51,000. That same person, found 50% at fault instead, still recovers $50,000. Found at 51%, that same person recovers nothing at all.

A genuinely distinctive wrinkle: the 60% joint-and-several line

New Jersey layers a separate, notably higher threshold on top of the 51% recovery bar. Under NJSA 2A:15-5.3, a defendant found to be at least 60% at fault can be held liable for the entire damage award, not just their own share. A defendant found below 60% is generally responsible only for their own proportional percentage of the damages. This 60% threshold is genuinely higher than the 50% line some neighboring states use for the same kind of joint-and-several trigger.

A real carve-out for public entities

Under NJSA 59:9-3.1, a New Jersey public entity's liability is capped at its own percentage of fault, no matter how high that percentage climbs — even if it reaches or exceeds the 60% threshold that would otherwise trigger full joint-and-several liability for a private defendant. A plaintiff suing a public entity is limited to collecting only that entity's own assessed share.

New Jersey comparative negligence — frequently asked questions

Does New Jersey use a 50% or 51% bar for comparative negligence?

A 51% bar. Under NJSA 2A:15-5.1, a plaintiff's negligence does not bar recovery as long as it was not greater than the negligence of the defendant, or the combined negligence of multiple defendants.

What happens if I'm found 51% at fault in New Jersey?

You recover nothing. New Jersey bars recovery entirely once the claimant's fault exceeds the combined fault of all defendants.

At what fault level does joint and several liability apply to a New Jersey defendant?

At 60% or more, under NJSA 2A:15-5.3 — a notably higher threshold than some neighboring states. A defendant below 60% is generally responsible only for their own proportional share.

Is a New Jersey public entity ever liable for more than its own fault share?

No. Under NJSA 59:9-3.1, a public entity's liability is capped at its own percentage of fault, regardless of whether that percentage reaches the 60% joint-and-several threshold that applies to private defendants.

Does New Jersey's rule compare my fault to one defendant or to all of them combined?

To all of them combined. NJSA 2A:15-5.1 explicitly allows comparing a plaintiff's negligence to the combined negligence of multiple defendants.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on New Jersey statute (NJSA 2A:15-5.1, NJSA 2A:15-5.3, NJSA 59:9-3.1) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed New Jersey attorney before acting.