Comparative Fault

A legal rule that reduces a person's damages based on their percentage of fault in causing an accident or injury. In Minnesota, you cannot recover damages if you are more than 50% at fault.

Comparative fault (also called “comparative negligence”) is the system Minnesota uses to divide responsibility when more than one person contributed to an accident or injury. Under Minn. Stat. section 604.01, if you are partly at fault, your damages are reduced by your percentage of fault.

Minnesota follows a “modified comparative fault” rule with a 51% bar. This means that if you are found to be 51% or more at fault for the accident, you cannot recover any damages at all. If you are 50% or less at fault, you can recover damages, but the amount is reduced by your share of the blame.

Why it matters: In any accident or injury case, the other side will likely argue that you were partly at fault to reduce what they have to pay. Understanding comparative fault helps you evaluate the strength of your claim.

Example: In a car accident, a jury finds the plaintiff was 20% at fault for speeding and the defendant was 80% at fault for running a red light. The plaintiff’s total damages are $50,000, but they are reduced by 20%, so the plaintiff receives $40,000.