Pennsylvania Comparative Negligence Calculator (51% Bar)

Pennsylvania only cuts you off once your fault exceeds the defendant's — and since 2011, each defendant generally pays only their own share, not a co-defendant's too.

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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 Pennsylvania, exactly where you land relative to 50% and 51% changes everything.

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Pennsylvania's rule: barred only when you exceed the defendant

Under 42 Pa.C.S. § 7102(a), a plaintiff's own negligence does not bar recovery unless they are more negligent than the defendant (or, with multiple defendants, more negligent than their combined share). Damages are reduced in proportion to the plaintiff's own degree of fault — but only once that fault actually exceeds 50% does recovery get barred entirely. Pennsylvania law places the burden of establishing comparative negligence on the defendant, not the plaintiff.

Worked example

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

The 2011 Fair Share Act: several liability, not joint and several

Since Pennsylvania's Fair Share Act took effect on June 28, 2011, each defendant is generally only liable for the percentage of negligence the jury actually attributed to them — not a co-defendant's share as well. This several-only approach to liability represents a real shift from the older joint-and-several model, with Pennsylvania treating governmental entities somewhat differently within this same framework. See our full guide to how fault is assigned in Pennsylvania for more on this, and a separate, distinctive wrinkle involving assumption of risk.

Pennsylvania comparative negligence — frequently asked questions

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

A 51% bar. Under 42 Pa.C.S. section 7102, a plaintiff's negligence does not bar recovery unless they are more negligent than the defendant.

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

You recover nothing. Pennsylvania bars recovery entirely once the claimant's own negligence exceeds that of the defendant.

What is Pennsylvania's Fair Share Act?

A 2011 law under which each defendant is generally only liable for the percentage of negligence the jury attributed to them, rather than being on the hook for a co-defendant's share too.

Is there an exception to several-only liability for government defendants?

Yes, generally. Pennsylvania treats governmental entities somewhat differently under its joint tortfeasor liability framework compared to private defendants.

Can assumption of risk completely bar an otherwise valid Pennsylvania claim?

Yes, in some premises liability cases. Pennsylvania courts have allowed assumption of risk, framed as a no-duty analysis, to act as a total bar separate from the comparative negligence statute itself.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Pennsylvania statute (42 Pa.C.S. § 7102) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Pennsylvania attorney before acting.