Washington and the Dozen Pure Comparative States

A smaller group of states, including Washington, never cuts off recovery for fault alone — even Washington's own neighbor does things differently.

The less common comparative approach

Among US states using some form of comparative negligence, a smaller group of roughly a dozen states uses the pure version — letting a claimant recover a reduced amount regardless of how high their own fault runs. A larger number of states instead use some form of modified comparative negligence, with a 50% or 51% bar.

The dozen pure comparative states

Washington's peer group under this rule generally includes: California, Washington, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, Rhode Island, Alaska, Arizona, Florida, and New York.

A genuinely different rule right next door

Here's a notable regional contrast. Washington's neighbor Oregon doesn't share this rule — Oregon uses modified comparative negligence with a 51% bar instead. Two adjoining Pacific Northwest states, often compared for similar accident scenarios, apply genuinely different fault systems to the same basic facts.

The shared bar doesn't mean shared liability rules

Being part of this pure comparative group means these states share the same approach to the plaintiff's own recovery bar — but it doesn't mean they share identical rules for how liability gets divided among multiple defendants. That part, including how joint and several liability works, genuinely varies from state to state within this group.

Why this group matters in a disputed claim

Because none of these states bars recovery outright based on the claimant's own fault, a high but disputed fault percentage still carries real, if reduced, value across this group — a meaningfully different outcome than the same percentage would produce in a modified comparative or contributory negligence state. See our full comparison of how Washington's rule fits among all four fault systems for the complete picture.

Pure comparative negligence states — frequently asked questions

Which states use pure comparative negligence?

California, Washington, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, Rhode Island, Alaska, Arizona, Florida, and New York are generally counted among this group of about a dozen states.

Is pure comparative negligence the most common fault system nationally?

No. Modified comparative negligence, with either a 50% or 51% bar, is used by a larger number of states, making pure comparative negligence the less common approach overall.

Does Washington's neighbor Oregon also use pure comparative negligence?

No. Oregon uses modified comparative negligence with a 51% bar, meaning two adjoining Pacific Northwest states apply genuinely different fault systems to otherwise similar accidents.

Do all pure comparative states handle liability among multiple defendants the same way?

No. Sharing the same pure comparative fault bar doesn't mean these states share identical rules for joint and several liability among defendants — that part genuinely varies state by state.

Why does Washington's membership in this smaller group matter in practice?

Because a high fault percentage that would completely bar recovery in most other states still results in a reduced but real recovery in Washington and its pure comparative peers.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Washington statute (RCW 4.22.005), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.