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AMERICAN SAMOA AUTO INSURANCE GUIDE

American Samoa Pure Comparative Negligence, Proportional Reduction & Joint/Several Liability

American Samoa follows pure comparative negligence. Under A.S.C.A. §43.5101, contributory negligence does not bar recovery in personal-injury, wrongful-death or property-damage actions; instead, damages are reduced in proportion to the negligence attributable to the claimant.

  • Claimant fault reduces damages proportionally.
  • There is no 50% or 51% threshold bar under §43.5101.
  • Allocation among multiple tortfeasors and the continuing role of joint and several liability require separate analysis under territorial case law.

Current-law review: September 17, 2026. Verify A.S.C.A. §43.5101 and current High Court authority concerning allocation and joint/several liability before reliance.