Oregon: Pure vs. Modified Comparative Negligence Rules

Oregon shares its 51% threshold with 20 other states — then keeps settled defendants in the fault comparison in a way many states don't.

Four systems, and Oregon uses the more common threshold

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. Oregon uses the 51% bar under ORS § 31.600 — the more typical of the two modified thresholds nationally.

Where Oregon genuinely stands apart: settled defendants still count

Here's Oregon's real point of distinction. A jury can compare the fault of all parties, including defendants who have already settled and are no longer actively part of the case. This means a defendant's settlement doesn't erase their conduct from the overall fault calculus, which can genuinely shape how the remaining parties' percentages are allocated.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Oregon's rule, because the bar applies only when fault is more than 50%. A claimant found 51% at fault recovers nothing at all.

The stricter alternative: a 50% bar

A smaller group of about 12 states, including Georgia and Kansas, use a stricter version: recovery is barred the moment the claimant's fault is equal to the defendant's, not only when it exceeds it.

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 51% bar for Oregon'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. Oregon uses the 51% bar.

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

A 50% bar state denies recovery once the claimant's fault equals the defendant's. Oregon's 51% bar only denies recovery once the claimant's fault actually exceeds 50%.

What makes Oregon's fault comparison genuinely distinctive?

A jury can compare the fault of all parties, including defendants who have already settled out of the case, rather than limiting the comparison only to parties still actively being sued.

How does Oregon'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. Oregon bars recovery entirely once fault exceeds 50%.

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

Contributory negligence states, like Maryland, bar recovery for any fault at all, even 1%. Oregon allows recovery for any fault up to and including 50%, reduced proportionally.

This page provides general guidance only and is not legal advice. Figures are based on Oregon statute (ORS § 31.600) and general US negligence law, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Oregon attorney before acting.