How does comparative fault work in California?
1. Negligence Elements. California negligence requires duty, breach, factual causation (substantial factor test, Mitchell v. Gonzales, 54 Cal.3d 1041), proximate causation, and damages. CACI 400 series jury instructions govern. Duty analysis follows Rowland v. Christian, 69 Cal.2d 108, balancing foreseeability, certainty of harm, closeness of connection, moral blame, prevention policy, burden, and insurance availability.
2. Comparative Fault Regime. California adopted pure comparative negligence in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), abandoning the harsh all-or-nothing contributory rule. A plaintiff who is 90% at fault recovers 10% of damages. Fault is allocated to all parties, including settled defendants and nonparties (DaFonte v. Up-Right, Inc., 2 Cal.4th 593).
3. Joint and Several Liability. Proposition 51 (1986), codified at Cal. Civ. Code § 1431.2, abolished J&S for noneconomic damages (pain and suffering). Economic damages (medical bills, lost wages) remain jointly and severally recoverable from any defendant. Each defendant pays noneconomic damages only in proportion to their fault.
4. Last Clear Chance / Sudden Emergency. Li merged last clear chance into comparative fault. Sudden emergency remains as CACI 452 — a defendant facing imminent danger not of their own making is judged by emergency standards.
5. Settling Tortfeasors. CCP § 877 provides pro tanto credit; § 877.6 governs good-faith settlement determinations (Tech-Bilt v. Woodward-Clyde, 38 Cal.3d 488). A good-faith settlement extinguishes contribution claims.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (CCP § 335.1). Construction defect repose is 10 years (CCP § 337.15).
7. Caps. MICRA's $250,000 noneconomic cap was raised by AB 35 (2022); effective 2023 it stair-steps to $750,000 (nonfatal) and $1,000,000 (death) by 2033, then 2% annual adjustments.
8. Wrongful Death Comparative. CCP § 377.60 actions apply comparative fault; decedent's fault reduces heirs' recovery.
9. Worker Injuries. Workers' comp is exclusive against employer (Lab. Code § 3602). Third-party suits proceed under pure comparative fault.
This is legal information, not legal advice.
- Catastrophic injury where MICRA or Prop 51 allocation will materially reduce recovery
- Multi-defendant case with insolvent or settled parties triggering complex fault apportionment
- Wrongful death where decedent's fault may be raised as a defense
- Cal. Civ. Code § 1431.2
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 877
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.