Legal Definitions - 50-percent rule

The 50-percent rule, also known as the modified comparative negligence doctrine, is a legal principle used in many jurisdictions to determine how damages are awarded in personal injury cases where more than one party is found responsible for an accident or injury.

Under this rule:

• A person who suffers an injury can recover compensation from another party, but their award will be reduced by the percentage of fault attributed to them.
• Crucially, if the injured person is found to be 50% or more responsible for their own injuries, they are completely barred from recovering any damages from the other party.

In essence, if you are found to be equally or more at fault than the other party, you cannot receive compensation for your injuries.

Examples:

• Car Accident Scenario:

  Imagine a situation where Driver A is making a left turn at an intersection and fails to yield to oncoming traffic. Driver B, who is traveling straight, is also found to be slightly speeding. A collision occurs, and Driver B suffers injuries.

  During the legal process, a jury determines that Driver A is 70% at fault for failing to yield, and Driver B is 30% at fault for speeding. Since Driver B's fault (30%) is less than 50%, Driver B can recover 70% of their total damages from Driver A. If Driver B's damages were $10,000, they would receive $7,000. Conversely, Driver A, being 70% at fault (which is 50% or more), would be barred from recovering any damages from Driver B.

• Slip-and-Fall in a Store:

  A customer slips and falls on a wet spot in a supermarket aisle, sustaining a knee injury. The store had failed to clean the spill promptly or place a "wet floor" sign. However, evidence also shows the customer was looking down at their phone and not paying attention to their surroundings.

  A court might determine that the supermarket is 60% at fault for not maintaining a safe environment, and the customer is 40% at fault for being distracted. Because the customer's fault (40%) is below the 50% threshold, they can recover 60% of their medical bills and other damages from the supermarket. If the customer's damages totaled $20,000, they would receive $12,000. Had the customer been found 50% or more at fault (e.g., 55% due to extreme distraction), they would receive no compensation.

• Pedestrian-Vehicle Collision:

  A pedestrian attempts to cross a busy street outside of a designated crosswalk and against a "Don't Walk" signal. A driver, who is slightly distracted by their car radio, fails to notice the pedestrian in time and strikes them. The pedestrian sustains serious injuries.

  A jury evaluates the evidence and concludes that the pedestrian is 55% at fault for crossing illegally and against the signal, while the driver is 45% at fault for their distraction. Under the 50-percent rule, because the pedestrian's fault (55%) is 50% or more, the pedestrian is completely barred from recovering any damages from the driver, even though the driver was also partially negligent.