US-CaliforniaCan I still recover damages if I was partly at fault for my injury?
Yes, you can still recover damages in California even if you were partly at fault — your recovery will be reduced by your percentage of fault under the state’s pure comparative negligence rule.
What the Law Says
California follows a 'pure comparative negligence' system, meaning fault is divided among all parties, and your compensation is reduced by your own percentage of fault — even if you are 99% at fault.
Under California law, it doesn’t matter how much fault you bear — you can still sue and recover some damages, as long as another party shares any portion of the blame.
The jury (or judge, in a bench trial) determines the total damages and assigns a percentage of fault to each party. Your final recovery equals total damages multiplied by (100% minus your assigned fault percentage).
This rule applies to all personal injury cases — car accidents, slip-and-falls, dog bites, medical malpractice, and more — unless a specific statute or contract provides otherwise.
Statutory TextIn an action for personal injury, property damage, or wrongful death, the contributory negligence of the plaintiff does not bar recovery, but the damages awarded shall be diminished in proportion to the amount of negligence attributable to the plaintiff.
— California Civil Code § 1714 — Liability for injuries
What Courts Have Said
California courts have consistently upheld pure comparative negligence as the standard for allocating fault and damages.
Abolished contributory negligence and adopted pure comparative negligence, holding that fairness requires reducing plaintiff's recovery by their share of fault rather than barring recovery entirely.
Confirmed that comparative fault applies not only to negligence but also to strict liability and intentional tort claims in appropriate circumstances.
What to Do
Gather evidence showing the other party’s conduct contributed to your injury (photos, witness statements, police reports, medical records).
Work with an attorney to help calculate and argue for a fair allocation of fault — especially if the other side tries to overstate your responsibility.
Be prepared to present evidence on both liability (who did what) and damages (medical bills, lost wages, pain and suffering).
If your case goes to trial, the jury will receive special instructions on how to assign percentages of fault and reduce your award accordingly.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.