STATE LAW – PENNSYLVANIA LIBRARY – GUIDE 18

Pennsylvania Modified Comparative Negligence & the Greater-Than-50% Bar

Pennsylvania follows modified comparative negligence. A claimant whose causal negligence is greater than the causal negligence of the defendant or defendants may be barred from recovery; otherwise damages are reduced in proportion to assigned fault. This guide addresses fault allocation, multiple defendants, and litigation consequences.

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Current-law review: September 23, 2026. Verify current 42 Pa.C.S. §7102, allocation rules, joint-liability provisions, exceptions, and controlling decisions before publication.

PUBLIC-INTEREST LEGAL EDUCATION

VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.

Official Pennsylvania sources

Pennsylvania General Assembly · Pennsylvania Insurance Department · Unified Judicial System of Pennsylvania

Bottom line. Preserve Pennsylvania-specific first-party benefits, UM/UIM, tort-option, comparative-negligence, government-claim, damages, settlement and current-authority issues before legal reliance.