Rhode Island and the Dozen Pure Comparative States

A genuinely small group of states share this no-cutoff rule — but Rhode Island's liability framework sets it apart even within that group.

A genuinely smaller group nationally

Pure comparative negligence — where a plaintiff's own fault reduces but never bars recovery — is used by a smaller group of states than the modified comparative systems that together cover most of the country. Rhode Island is part of this smaller group.

The dozen pure comparative states

Rhode Island's peer group under this rule is: Alaska, Arizona, California, Kentucky, Louisiana (for accidents before 2026), Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.

A genuine contrast right next door

Rhode Island's neighbor Massachusetts does not share this rule. Massachusetts uses modified comparative negligence with a 51% bar, meaning a claimant found more than 50% at fault recovers nothing there — while that same claimant would still recover something in Rhode Island, just across the state line.

A genuinely distinctive application within this shared group

Here's where Rhode Island stands apart from much of this list. It retains pure joint and several liability alongside its pure comparative rule, meaning a plaintiff can generally recover a full judgment from any one liable defendant. Several other states in this pure comparative group have modified or abolished joint and several liability over time, making Rhode Island's combination of both pure rules together a genuinely rare and plaintiff-friendly feature even within this smaller group.

Why this matters in a disputed claim

Because none of these twelve states bars recovery for ordinary fault, a disputed fault percentage — even a high one — still results in some recovery across the group. In Rhode Island specifically, how that recovery actually gets collected from multiple defendants benefits from the state's pure joint and several liability framework. See our full comparison of how Rhode Island's rule fits among all four fault systems for the complete picture.

States with pure comparative negligence — frequently asked questions

Which states use pure comparative negligence?

Alaska, Arizona, California, Kentucky, Louisiana (for accidents before 2026), Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.

Is pure comparative negligence the most common fault system nationally?

No. It's actually a smaller group than the modified comparative systems, which together cover the majority of states using some form of comparative fault.

Does Rhode Island's neighbor Massachusetts use pure comparative negligence too?

No. Massachusetts uses modified comparative negligence with a 51% bar, a genuine contrast right across that state line from Rhode Island's pure approach.

What makes Rhode Island genuinely distinctive within this group of pure comparative states?

Its retention of pure joint and several liability alongside the pure comparative rule, a combination that several other states in this group have modified or abolished over time.

Does every pure comparative state handle multiple defendants the same way?

No. The pure comparative fault-reduction approach is shared across this group, but how liability gets divided among multiple defendants genuinely varies from state to state.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Rhode Island statute (R.I.G.L. § 9-20-4), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.