New York and the Pure Comparative Negligence States

New York still belongs to this group for most claims — just with a genuinely new asterisk next to motor vehicle accidents.

The most forgiving comparative negligence rule

Pure comparative negligence is the most claimant-friendly of the four fault systems used across the US. A claimant's own fault never bars recovery entirely, no matter how high that percentage climbs — damages are simply reduced in proportion to the claimant's own share.

New York's peer group

States that use pure comparative negligence, at least for the bulk of personal injury claims, include: Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.

New York's genuinely new asterisk

As of May 2026, New York's membership in this group comes with a real qualifier. Under the new CPLR § 1411(b), motor vehicle accident claims subject to the No-Fault law were carved out of the pure comparative system entirely and moved to a modified 51% bar instead. New York's 1975-era pure comparative rule, one of the longer-standing in the country, remains fully intact for every other type of personal injury claim.

A targeted reform, not a wholesale shift

New York's change is scoped specifically to motor vehicle accidents rather than a full repeal of its pure comparative framework, so it reads as a targeted carve-out rather than evidence of a broader nationwide move away from pure comparative negligence. The other states in this list have not made comparable changes.

What this means in practice

For a New York claimant in a slip-and-fall, premises liability, or medical malpractice case, the pure comparative rule still applies exactly as it has for decades — fault reduces the recovery but never eliminates it. For a New York claimant in a car accident, the calculus is now genuinely different. See our full comparison of New York's pure and modified systems for how this split plays out.

Pure comparative negligence states — frequently asked questions

Which states use pure comparative negligence?

Alaska, Arizona, California, Kentucky, Mississippi, Missouri, New Mexico, New York (outside motor vehicle claims), Rhode Island, South Dakota, and Washington, among others.

Is New York still fully part of this group after its 2026 reform?

Partially. New York remains pure comparative for most personal injury claims, but motor vehicle accident claims were carved out into a new modified 51% bar as of May 2026.

How old is New York's pure comparative negligence rule?

It dates back to 1975, making it one of the longer-standing pure comparative rules nationally, now modified for one specific category of claim rather than replaced outright.

What does it mean for fault to never bar recovery in a pure comparative state?

It means a claimant found 90% or even 99% at fault can still recover the remaining percentage of their damages, rather than being cut off entirely at some fixed threshold.

Is New York's 2026 change part of a broader national trend away from pure comparative negligence?

New York's change is specifically scoped to motor vehicle accidents rather than a wholesale repeal of its pure comparative system, so it stands as a targeted reform rather than a full nationwide shift.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and New York statute (CPLR 1411(a), 1411(b)), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.