Georgia injury law beside the law of other states

Recovery reduced; barred only if the injured person's negligence is greater than that of the defendant or the combined negligence of all defendants (MCA 27-1-702)

Pure comparative fault: recovery reduced, never barred (Gustafson v. Benda, 1983; RSMo § 537.765 for product claims)

Pure comparative fault: recovery reduced, never barred (Miss. Code Ann. § 11-7-15)

Pure comparative negligence: recovery reduced, never barred by the plaintiff's share alone (Scott v. Rizzo, 1981)

Recovery reduced; barred only if the injured person's negligence is greater than that of the defendant or the combined negligence of the defendants (N.J.S.A. 2A:15-5.1)

Recovery reduced; barred only if the plaintiff's fault is greater than the defendant's or the defendants' in the aggregate (RSA 507:7-d)

Recovery reduced; barred only if the plaintiff's negligence is greater than the combined negligence of the defendants (NRS 41.141)

Recovery reduced; barred if equal to or greater than the total negligence of the defendants; the jury is told the effect (Neb. Rev. Stat. § 25-21,185.09)

Recovery reduced; barred only if the injured person's fault is greater than the fault of the person against whom recovery is sought; last clear chance abolished (Minn. Stat. § 604.01)

Recovery reduced; barred only if the plaintiff's negligence is greater than the total negligence of the defendants (G.L. c. 231, § 85)

Contributory negligence: the injured person's own negligence bars recovery, subject to the last clear chance doctrine (Coleman v. Soccer Ass'n of Columbia, 2013)

Reduced "by dollars and cents, and not by percentage"; barred if "equally at fault" (14 M.R.S. § 156)

Recovery reduced; barred at 51% or more under the 2025 amendment effective January 1, 2026 (La. Civ. Code art. 2323(A)(2); Act 15 of 2025)

Fault allocated among all parties and the award reduced; the statute sets no bar (KRS 411.182)

Recovery reduced; recovery only if the injured party's negligence "was less than the causal negligence" of the defendants (K.S.A. 60-258a(a))

Recovery reduced; barred only if the claimant's fault is greater than the combined fault of the defendants, third-party defendants, and released persons (Iowa Code § 668.3(1))

Recovery reduced; barred if the claimant's fault is greater than the fault of all others who contributed (Ind. Code §§ 34-51-2-5, 34-51-2-6)

Recovery reduced; barred only if the plaintiff's fault is more than 50% (735 ILCS 5/2-1116)

Recovery reduced; allowed only if the injured person's fault "was not as great as" that of the person sued (Idaho Code § 6-801)

Recovery reduced; barred only if the injured person's negligence is greater than that of the defendants combined (HRS § 663-31)

Recovery reduced; barred if "greater than 50 percent at fault", in cases filed after March 24, 2023 (Fla. Stat. § 768.81(6); ch. 2023-15, § 30)

Recovery reduced; barred only if the plaintiff's negligence is greater than that of the defendant or the combined negligence of all defendants (10 Del. C. § 8132)

Recovery reduced; barred only if the claimant's negligence is greater than the combined negligence of the defendants and released persons (C.G.S. § 52-572h(b))

Recovery reduced; barred if equal to or greater than the defendant's negligence (C.R.S. § 13-21-111)

Pure comparative negligence, even when the plaintiff is as much or more at fault (Li v. Yellow Cab Co., 1975)

Recovery reduced; barred if the claimant's fault is equal to or greater than the defendants' (Ark. Code § 16-64-122)

Pure comparative negligence: recovery reduced, never barred, except for a claimant who intentionally, wilfully, or wantonly caused the injury (A.R.S. § 12-2505)

Recovery reduced but never barred (AS 09.17.060)

Any contributory negligence bars a negligence claim; not a defense to wantonness (Golden v. McCurry, 1980)

A party at 50% or less pays only its own share; the others are jointly liable for the rest (MCA 27-1-703(2))

A defendant 51% or more at fault pays the whole judgment; below 51%, only its own share; punitive damages several only (RSMo § 537.067)

Several only, except those who consciously and deliberately pursue a common plan; fault of an immune party is not reallocated (Miss. Code Ann. § 85-5-7)

A defendant 50% or less at fault pays only its share of non-economic loss; full liability remains for economic loss and in car crash, reckless disregard, Labor Law article 10, and other excepted cases (CPLR 1601, 1602)

Several liability, with exceptions for intentional wrongdoers, vicarious liability, strict product liability, and public-policy cases (NMSA § 41-3A-1)

A party 60% or more responsible pays the full damages; a party under 60% pays only its share (N.J.S.A. 2A:15-5.3)

Joint and several liability, except that a party less than 50% at fault is liable only for its own share; an uncollectible share can be reallocated (RSA 507:7-e)

Each pays only its own share, except strict liability, intentional torts, toxic substances, concerted acts, and product injuries (NRS 41.141(4), (5)); malpractice defendants several only (NRS 41A.045)

Joint and several for economic damages; several only for noneconomic damages; joint and several for both when defendants act in concert (Neb. Rev. Stat. § 25-21,185.10)

Each pays its own share, except a defendant more than 50% at fault, a common scheme, an intentional tort, and listed environmental and public health claims (Minn. Stat. § 604.02, events on or after August 1, 2003)

Several only; exceptions include a malpractice case where the plaintiff has no fault (MCL 600.6304(4), (6))

Each defendant "jointly and severally liable to the plaintiff for the full amount" (14 M.R.S. § 156)

Each pays in proportion to its causal negligence (K.S.A. 60-258a(d))

Each defendant's verdict is its percentage of fault times the damages; nonparties can be assigned fault (Ind. Code § 34-51-2-8)

All liable defendants jointly liable for medical expenses; a defendant at 25% or more jointly liable for all other damages; under 25% severally liable for the rest (735 ILCS 5/2-1117)

Joint and several for economic damages; for noneconomic damages, joint and several against a defendant 25% or more at fault; fully joint and several in listed case types (§ 663-10.9)

Each pays only its own share, "not on the basis of the doctrine of joint and several liability" (§ 768.81(3))

Each pays its proportionate share, but an uncollectible share can be reallocated to the other defendants (§ 52-572h(c), (g))

Each pays only its own share, apart from a conscious conspiracy; nonparties named within 90 days can be assigned fault (C.R.S. § 13-21-111.5)

Several only for non-economic damages; economic damages outside that rule (Civ. Code § 1431.2)

Several only, including punitive damages; shares of solvent defendants can be increased by limited points when a share is uncollectible (Ark. Code §§ 16-55-201, 16-55-203)

Several only, except for acting in concert, agent or servant, and federal employers' liability claims (A.R.S. § 12-2506)

Several liability according to each party's percentage of fault (AS 09.17.080(d))

Joint tortfeasors generally have no right of contribution among themselves (Holcim, 2009)

3 years (MCA 27-2-204(1))

5 years (RSMo § 516.120(4)), from when the damage is sustained and capable of ascertainment (§ 516.100)

3 years; a latent injury accrues on discovery (Miss. Code Ann. § 15-1-49)

3 years from the act or omission, or from discovery when the injury could not reasonably have been discovered (RSA 508:4)

4 years (Neb. Rev. Stat. § 25-207(3))

3 years from accrual (Md. Code, Cts. & Jud. Proc. § 5-101)

6 years after the cause of action accrues (14 M.R.S. § 752)

2 years from the day injury or damage is sustained, for delictual actions arising after July 1, 2024 (La. Civ. Code art. 3493.11, enacted by Act 423 of 2024)

2 years (C.R.S. § 13-80-102(1)(a))

3 years; 10 years when the death results from a homicide (MCA 27-2-204(2))

3 years after the cause of action accrues (RSMo § 537.100)

2 years from death; at least 1 year after a related criminal action ends (EPTL 5-4.1)

3 years; the cause of action accrues on the date of death (NMSA § 41-2-2)

2 years after death; no limit when, for murder, aggravated manslaughter, or manslaughter, the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent (N.J.S.A. 2A:31-3)

Within 6 years after the death, "subject to the provisions of RSA 508" (RSA 556:11)

3 years from death and 6 years from the act at most; no limit for murder (Minn. Stat. § 573.02)

3 years from death, or from when the executor or administrator knew or should have known the factual basis (G.L. c. 229, § 2)

3 years from death (CJP § 3-904(g))

3 years after death; 6 years from discovery for a homicide (18-C M.R.S. § 2-807(2))

1 year after the personal representative qualifies; a representative appointed more than a year after death is treated as qualified on the last day of that year (KRS 413.180)

2 years from death; 5 years for death from violent intentional conduct; 1 year after a listed criminal case ends (740 ILCS 180/2(d), (e))

2 years from death (§ 663-3)

2 years (§ 95.11(5)(e))

2 years from accrual (10 Del. C. § 8107)

2 years from death; 5 years from the act at most, with a homicide exception (§ 52-555)

2 years from death (§ 6-5-410(d))

2 years from injury or discovery, whichever is later; 5 years from the injury at most; tolled while the provider fails to disclose a known error (MCA 27-2-205(1))

2 years from the act; discovery only for a foreign object or an unreported test result; 10 years at most; a minor until the 20th birthday (RSMo § 516.105)

2 years from discovery; 7 years from the act at most, except a foreign object or fraudulent concealment (Miss. Code Ann. § 15-1-36(2))

2 years and 6 months from the act or the end of continuous treatment; foreign objects 1 year from discovery; missed cancer diagnosis from knowledge, 7 years at most (CPLR 214-a)

3 years after the act of malpractice, against a qualified health care provider (NMSA § 41-5-13)

For injuries on or after October 1, 2023: 3 years from injury or 2 years from discovery, whichever comes first (NRS 41A.097(3))

2 years from the act; 1 year from discovery if not discoverable within 2 years; 10 years at most (Neb. Rev. Stat. § 44-2828)

4 years from accrual, which is when some compensable damage occurs, not discovery (Minn. Stat. § 541.076; MacRae, 2008)

2 years from the act, or 6 months after discovery if later; 6 years from the act at most (MCL 600.5805(8), 600.5838a)

3 years from accrual; 7 years from the act at most, except a foreign object (G.L. c. 260, § 4)

The earlier of 5 years from the injury or 3 years from discovery; for a child under 11, the clock starts at 11 (CJP § 5-109)

3 years from the act or omission; foreign object from discovery (24 M.R.S. § 2902)

1 year from the act or from discovery; 3 years from the act at most, including for minors (La. R.S. 9:5628)

1 year from discovery; 5 years from the act at most (KRS 413.140(1)(e), (2))

2 years from when the claimant knew, should have known, or received written notice of the injury; 6 years from the act at most, unless a foreign object was left in the body (§ 614.1(9))

2 years from the act, omission, or neglect; a child under 6 has until the eighth birthday (Ind. Code § 34-18-7-1)

2 years from knowledge or notice of the injury; 4 years from the act at most; minors 8 years, but not after the 22nd birthday (735 ILCS 5/13-212)

2 years from the occurrence; for a foreign object or fraudulent concealment, 1 year from discovery or 2 years from the occurrence, whichever is later (§ 5-219(4))

2 years from discovery; 6 years from the act at most, extended while a provider fails to disclose a known error (§ 657-7.3)

2 years from the incident or its discovery; 4 years at most, 7 with fraud or concealment; those outer limits do not bar a child's claim brought by the eighth birthday (§ 95.11(5)(c))

2 years from the injury; 3 years if the injury could not have been discovered within 2; a child under 6 has until the 6th birthday if later (18 Del. C. § 6856)

2 years from accrual; 3 years from the act at most, with exceptions for concealment, foreign objects, and unknown injury (C.R.S. § 13-80-102.5)

3 years from injury or 1 year from discovery, whichever comes first; 3 years at most unless tolled for fraud, concealment, or a foreign body (Code Civ. Proc. § 340.5)

2 years from the date of the wrongful act; foreign objects 1 year from discovery; special rules for children (Ark. Code § 16-114-203)

2 years from the act; 6 months from discovery if not discoverable earlier; 4 years from the act at most (§ 6-5-482)

Application to the Montana Medical Legal Panel and its decision before any suit (MCA 27-6-701)

Attorney's certificate of merit with the complaint; 90 days when a deadline is near (CPLR 3012-a)

Medical review panel opinion before suit, unless the claimant waives the panel (Neb. Rev. Stat. § 44-2840)

Tribunal of a judge, a physician, and an attorney hears the plaintiff's offer of proof within 15 days after the answer (G.L. c. 231, § 60B)

Claim filed with the Health Care Alternative Dispute Resolution Office; expert certificate within 90 days (CJP § 3-2A-04)

Proposed complaint presented to a medical review panel and an opinion given before suit (Ind. Code § 34-18-8-4)

Attorney's affidavit and a health professional's written report attached to the complaint, with 90-day options (735 ILCS 5/2-622)

Written inquiry to the medical inquiry and conciliation panel before suit in a state court (§ 671-12)

Good-faith certificate and a similar provider's written opinion with the complaint; automatic 90-day extension to make the inquiry (§ 52-190a)

90 days' notice of intent to sue (Code Civ. Proc. § 364)

$350,000 in 2026; $400,000 in 2027; $450,000 in 2028; $500,000 in 2029; then 2% a year (MCA 25-9-411(1)(c))

$481,493, or $842,614 for a catastrophic injury, in 2026; rises 1.7% each January (RSMo § 538.210; Missouri Department of Commerce and Insurance)

$590,000 in 2026, regardless of the number of plaintiffs, defendants, or theories; $750,000 in 2028 (NRS 41A.035)

$250,000; $1 million for serious injury or death; $2 million if a hospital is a defendant; no cap for actual malice (§ 147.136A)

$10 million or 3% of the defendant's net worth, whichever is less; class actions excepted (MCA 27-1-220(3))

Greater of 5 times compensatory damages or $350,000; no cap after a drunk driving, murder, or manslaughter conviction and in listed statutory claims (N.J.S.A. 2A:15-5.14)

Lesser of the defendant's highest annual gross income in the prior five years or $5 million; or 1.5 times the profit from the misconduct (K.S.A. 60-3702(e), (f))

None in force; the 1995 cap fell with Public Act 89-7 (Best v. Taylor Machine Works, 1997)

Greater of 3 times compensatory damages or $500,000; 4 times or $2 million for conduct motivated solely by unreasonable financial gain; no cap for specific intent to harm (§ 768.73(1))

Greater of 3 times compensatory damages or $500,000; greater of 4 times damages, 4 times the defendant's gain, or $7,000,000 when motivated by financial gain (AS 09.17.020(f), (g))

Statutory base figures, inflation-adjusted: greater of 3 times compensatory or $500,000; physical injury, 3 times or $1.5 million; small business, $50,000 or 10% of net worth; none for wrongful death or intentional physical injury (§ 6-11-21)

Written claim to the Department of Administration; no suit until final denial, deemed after 120 days (MCA 2-9-301)

Written notice within 180 days; suit within 3 years; $475,000 per claimant and $3,750,000 per incident, or insurance proceeds if greater (RSA 541-B:14)

Written claim to the Treasurer within 1 year; suit within 3 years; $400,000 per claimant (Md. Code, State Gov't §§ 12-104, 12-106)

Written claim filed with the director of the Department of Management within 2 years (§ 669.13)

Notice within 270 days after the loss (Ind. Code § 34-13-3-6)

Suit within 2 years after the claim accrues (§ 662-4)

No liability for discretionary acts done in good faith without gross or wanton negligence; sovereignty defense waived for risks covered by the state insurance program (10 Del. C. § 4001; 18 Del. C. § 6511)

Claim to the Office of the Claims Commissioner within 1 year of accrual, 3 years from the act at most; suit only with the Commissioner's authorization (§§ 4-148, 4-160)

State Claims Commission; awards above $15,000 go to the General Assembly for approval (Ark. Code § 19-10-215)

Tort suits allowed, except for discretionary acts, due-care execution of statutes, and listed intentional torts (AS 09.50.250)

$750,000 per claim / $1.5 million per occurrence, for the State and local governments (MCA 2-9-108(1))

$400,000 per person for damages other than medical and real property; $300,000 medical; $750,000 total per occurrence for the property and personal categories; no punitive damages (NMSA § 41-4-19)

State and municipalities: $500,000 per claimant, $1,500,000 per occurrence; no punitive damages (Minn. Stat. §§ 3.736, 466.04)

$100,000; no punitive damages or prejudgment interest; MBTA serious bodily injury claims excepted (G.L. c. 258, § 2)

$400,000 for all claims from one occurrence, costs included; no punitive damages (14 M.R.S. § 8105)

$500,000 per person for the State and political subdivisions, excluding property damage, medical care, and lost earnings (La. R.S. 13:5106(B))

$500,000 for all claims from one occurrence (K.S.A. 75-6105(a))

All governmental entities combined: $700,000 per person, $5,000,000 per occurrence; no punitive damages (Ind. Code § 34-13-3-4)

$500,000 per occurrence, unless the entity carries more insurance (§ 6-926)

$200,000 per person / $300,000 per incident; no punitive damages (§ 768.28(5)(a))

$505,000 per person / $1,421,000 per occurrence for claims accruing in 2026 through 2029 (C.R.S. § 24-10-114; Secretary of State certificate)

Underage consumer, visibly intoxicated consumer, or forced or deceived consumption; notice by certified mail within 180 days (MCA 27-1-710)

Not liable for serving a person of lawful drinking age for injuries off the premises (La. R.S. 9:2800.1)

Any person who sold or furnished alcohol to an underage or obviously intoxicated person, knowing or having reason to know it; notice within 180 days (§ 23-808)

Licensee who willfully and knowingly served a person under 21 or visibly intoxicated; social host only for a person under 21; suit within 1 year; capped (C.R.S. § 44-3-801)

$25,000 / $50,000 / $20,000 (MCA 61-6-103(1))

$25,000 / $50,000 / $25,000; uninsured motorist coverage required at the bodily injury limits (RSMo §§ 303.190, 379.203)

$25,000 / $50,000 / $25,000 (Miss. Code Ann. § 63-15-3(j))

$25,000 / $50,000 / $10,000 (NMSA § 66-5-215)

$35,000 / $70,000 / $25,000 for policies issued or renewed on or after January 1, 2026 (N.J.S.A. 39:6A-3)

$25,000 / $50,000 / $20,000 (NRS 485.185)

$30,000 / $60,000 / $10,000; uninsured and underinsured coverage of at least $25,000 / $50,000 each (Minn. Stat. § 65B.49)

$25,000 / $50,000 / $30,000 for policies issued or renewed on or after July 1, 2025, plus $8,000 PIP (G.L. c. 90, §§ 34A, 34O; St. 2024, c. 275)

$30,000 / $60,000 / $15,000, plus $2,500 PIP unless waived (Md. Code, Transp. § 17-103; Ins. § 19-505)

$50,000 / $100,000 / $25,000, plus $2,000 medical payments (29-A M.R.S. § 1605(1)(C))

$25,000 / $50,000 / $25,000, or a $60,000 single limit, plus basic reparation benefits (KRS 304.39-110(1))

$25,000 / $50,000 / $25,000 (K.S.A. 40-3107(e))

$20,000 / $40,000 / $15,000 (§ 321A.1(11))

$25,000 / $50,000 / $20,000 (625 ILCS 5/7-203)

$25,000 / $50,000 / $15,000 (§ 49-117)

$40,000 / $80,000 / $20,000 for policies on or after January 1, 2026 (§ 431:10C-301(b))

$25,000 / $50,000 / $10,000, plus PIP of $15,000 per person and $30,000 per accident (21 Del. C. §§ 2902(b)(2), 2118)

$30,000 / $60,000 / $15,000 for policies issued or renewed on or after January 1, 2025 (Veh. Code § 16056)

$25,000 / $50,000 / $25,000 (Ark. Code § 27-22-104(b))

$25,000 / $50,000 / $15,000 for policies issued or renewed from July 1, 2020 (A.R.S. § 28-4009)

Clear and convincing evidence of intentional harm or deliberate and flagrant disregard; not in the first pleading (RSMo § 510.261)

Clear and convincing evidence of actual malice, gross negligence, or actual fraud; cap from 2% of net worth up to $20,000,000 by net worth (Miss. Code Ann. § 11-1-65)

Not allowed unless a statute provides for them (RSA 507:16)

Clear and convincing evidence of oppression, fraud, or malice; 3 times compensatory damages of $100,000 or more, or $300,000 below that, with listed exceptions (NRS 42.005, 42.010)

Not allowed (Distinctive Printing & Packaging Co. v. Cox, 1989; Neb. Const. art. VII, § 5)

Clear and convincing evidence of deliberate disregard; not in the complaint, only by a later motion with affidavits (Minn. Stat. §§ 549.191, 549.20)

Clear and convincing evidence of oppression, fraud, or malice (KRS 411.184(2)); in wrongful death, available "if the act was willful or the negligence gross" (KRS 411.130(1))

No dollar cap; if the conduct was not aimed at the claimant, the claimant may receive no more than 25% after costs and fees, outside malpractice and commercial vehicle cases (§ 668A.1(2))

Clear and convincing evidence; greater of 3 times compensatory damages or $50,000; 75% to the violent crime victims compensation fund (Ind. Code §§ 34-51-3-2, 34-51-3-4, 34-51-3-6)

Greater of $250,000 or 3 times compensatory damages; may not be pleaded in the first complaint (§ 6-1604)

Proof beyond a reasonable doubt; no more than the actual damages, up to 3 times in limited cases (C.R.S. §§ 13-25-127(2), 13-21-102)

Clear and convincing evidence of oppression, fraud, or malice; no dollar cap (Civ. Code § 3294(a))

Immunity waived for negligent motor vehicle operation and dangerous property conditions, and to the extent of liability insurance or self-insurance; $300,000 / $2,000,000 base cap, adjusted each year; no punitive damages (RSMo §§ 537.600, 537.610)

Notice of claim at least 90 days before suit; suit within 1 year, tolled 95 days by the notice; $500,000 for all claims from one occurrence; no punitive damages (Miss. Code Ann. §§ 11-46-11, 11-46-15)

Notice within 90 days of accrual; late notice by court leave within 1 year; suit no sooner than 6 months after notice and no later than 2 years after accrual (N.J.S.A. 59:8-8, 59:8-9)

Claim with the Attorney General or governing body within 2 years, not a condition of suit; $200,000 per claimant; no punitive damages (NRS 41.035, 41.036)

Political subdivisions: written claim within 1 year, suit within 2 years, $1,000,000 per person and $5,000,000 per occurrence; State: written claim to the Risk Manager within 2 years (Neb. Rev. Stat. §§ 13-919, 13-926, 81-8,227)

Notice to the State or a municipality within 180 days after the loss is discovered; 1 year for death (Minn. Stat. §§ 3.736, 466.05)

Written claim to the executive officer within 2 years; suit within 3 years (G.L. c. 258, § 4)

Written claim within 3 years (2 years for wrongful death); suit within 4 years (§ 768.28(6), (14))

Written notice within 182 days after discovery of the injury (C.R.S. § 24-10-109(1))

Claim within 6 months of accrual; suit 6 months after written rejection, or 2 years from accrual without one (Gov. Code §§ 911.2, 945.6)

Claim within 180 days after accrual, with a specific settlement amount; suit within 1 year (A.R.S. §§ 12-821.01, 12-821)

Licensed by-the-drink sellers only, on clear and convincing proof of service to a minor or knowing service to a visibly intoxicated person (RSMo § 537.053)

No liability for serving a person 21 or older; liability for knowingly serving a person under 21, but not for licensed sellers acting in the course of business (NRS 41.1305)

Illegal sale; notice within 240 days after hiring a lawyer; suit within 2 years after the injury (Minn. Stat. §§ 340A.801, 340A.802)

Written notice to all defendants within 120 days of hiring a lawyer; suit within 2 years (MCL 436.1801(3))

Liability for off-premises injury when "a reasonable person ... should know that the person served is already intoxicated at the time of serving" (KRS 413.241(2))

Licensee who sold and served a visibly intoxicated person; written notice within 6 months; noneconomic damages up to $250,000 unless the injury is serious (§§ 123.92, 123.93)

Licensed seller who causes the intoxication; inflation-adjusted limits; suit within 1 year (235 ILCS 5/6-21)

Court-made duty: a licensee may not serve a person under the influence (Ono v. Applegate, 1980, relying on § 281-78)

Only willful, unlawful service to an underage person, or knowing service to a person habitually addicted to alcohol (§ 768.125)

The alcohol chapter of the Delaware Code requires refusal of service to intoxicated persons but creates no civil cause of action against a seller (4 Del. C. ch. 7, § 706)

Sale to an intoxicated person; damages up to $250,000; notice within 120 days; suit within 1 year (§ 30-102)

Licensee who sold to an obviously intoxicated purchaser or to an underage purchaser without checking identification or knowing the age (A.R.S. § 4-311)

Not evidence of comparative negligence; with expert proof, may reduce damages by no more than 1% (RSMo § 307.178)

May not be considered as negligence or as causation in any civil action (NRS 484D.495(4))

Not admissible on liability or causation; may reduce damages for mitigation by no more than 5% (Neb. Rev. Stat. § 60-6,273)

Not admissible in a motor vehicle injury case, except a claim about a defective belt (Minn. Stat. § 169.685, subd. 4)

Not fault; for causes of action accruing after June 30, 2024, admissible as to mitigation of damages for a plaintiff 15 or older (Ind. Code § 9-19-10-7)

Not evidence of negligence and does not diminish recovery (625 ILCS 5/12-603.1(c))

Not evidence of contributory or comparative negligence, and not admissible on negligence in any civil action (§ 49-673(8))

Evidence of comparative negligence only; not negligence per se and not "considered in mitigation of damages" (§ 316.614(10))

Not evidence of comparative or contributory negligence, and not admissible in any civil trial (21 Del. C. § 4802(i))

Not contributory negligence and not admissible in any civil action (§ 14-100a)

May reduce pain and suffering only; not economic loss or medical payments (C.R.S. § 42-4-237(7))

Not negligence per se, but negligence may be proven as a fact (Veh. Code § 27315(i))

Not evidence of contributory negligence (§ 32-5B-7)

Owner strictly liable for an unprovoked bite on public property or lawfully on private property, reduced by the bitten person's fault (RSMo § 273.036)

Owner liable for a bite in a public place or to a person lawfully on private property, "regardless of the former viciousness of such dog" (N.J.S.A. 4:19-16)

Owner liable for all damages to a person bitten, other than a trespasser (Neb. Rev. Stat. § 54-601)

Owner liable for the full injury when the dog, without provocation, attacks a person acting peaceably where the person may lawfully be (Minn. Stat. § 347.22)

Owner liable for an unprovoked bite "regardless of the former viciousness of the dog" (MCL 287.351)

Owner or keeper liable for any damage the dog does, unless the person was trespassing, committing a tort, or teasing the dog; children under 7 presumed not at fault (G.L. c. 140, § 155)

Injury by the dog creates a rebuttable presumption that the owner knew of its dangerous propensities; owner liable for a dog running at large (CJP § 3-1901)

Off the owner's premises: owner or keeper liable; on the premises: owner's negligence required (7 M.R.S. § 3961)

Owner strictly liable for injuries the owner could have prevented and that the injured person did not provoke (La. Civ. Code art. 2321(B))

"Any owner whose dog is found to have caused damage to a person ... shall be responsible for that damage" (KRS 258.235(4))

Owner liable for all damages when the dog attacks or tries to bite a person, unless the injured person was doing an unlawful act that directly contributed (§ 351.28)

Owner liable regardless of past behavior when the dog bites, without provocation, a person discharging a legal duty such as a mail carrier (Ind. Code § 15-20-1-3)

Owner or custodian liable for an attack on a person not trespassing, unless the dog was provoked or justified; no prior "dangerous" finding needed (§ 25-2810(11))

Owner liable "regardless of the former viciousness of the dog"; reduced by the bitten person's negligence (§ 767.04)

Owner liable for any injury, death, or loss the dog causes, unless the person was trespassing, committing a crime, or teasing the dog (16 Del. C. § 3053F)

Owner or keeper liable for damage the dog does, unless the injured person was trespassing, committing a tort, or teasing the dog (§ 22-357(b))

Economic damages for serious bodily injury or death, regardless of the dog's history; exceptions include trespass and posted warning signs (C.R.S. § 13-21-124)

Owner liable for a bite in a public place or lawfully on private property, "regardless of the former viciousness of the dog" (Civ. Code § 3342)

Owner liable for a bite in a public place or to a person lawfully on private property, "regardless of the former viciousness of the dog" (A.R.S. § 11-1025)

Owner liable for an unprovoked bite on the owner's property; damages limited to actual expenses if the owner proves no knowledge of viciousness (§§ 3-6-1, 3-6-3)

3 years (CPLR 214(5))

3 years (NMSA § 37-1-8)

2 years (N.J.S.A. 2A:14-2(a))

3 years from accrual (G.L. c. 260, § 2A)

2 years (§ 614.1(2))

2 years (Ind. Code § 34-11-2-4(a))

2 years (735 ILCS 5/13-202)

2 years from when the injuries were sustained (10 Del. C. § 8119)

2 years (Ala. Code § 6-2-38(l))

Only for a "serious injury", decided after fault is decided (Insurance Law §§ 5102(d), 5104(a))

Under the limitation on lawsuit option: death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or permanent injury (N.J.S.A. 39:6A-8(a))

Medical expenses over $2,000, or death, loss of a body member, permanent and serious disfigurement, listed sight or hearing loss, or a fracture (G.L. c. 231, § 6D)

Permanent injury, significant and permanent loss of a bodily function, significant and permanent scarring, or death (§ 627.737(2))

Affidavit of merit within 60 days after the answer; one extension of up to 60 days for good cause (N.J.S.A. 2A:53A-27)

Expert's certificate of merit within 60 days of the defendant's answer (§ 147.140)

Affidavit of merit and the expert's CV with the complaint, under seal; one 60-day extension for good cause (18 Del. C. § 6853)

Certificate on whether expert testimony is needed, filed with the claim; if needed, a preliminary expert affidavit with initial disclosures (A.R.S. § 12-2603)

None in force: a malpractice cap and a general $875,000 cap were struck down (Carson v. Maurer, 1980; Brannigan v. Usitalo, 1991)

$500,000 for causes of action arising from October 1, 1994, plus $15,000 each October 1: $965,000 through September 30, 2026; $980,000 from October 1, 2026 (CJP § 11-108)

$250,000, adjusted each July 1; not for willful or reckless misconduct or acts found beyond a reasonable doubt to be felonies (§ 6-1603)

$1.5 million for actions filed in 2025 or claims accruing on or after January 1, 2025 (C.R.S. § 13-21-102.5(3)(a)(II), as amended by HB24-1472)

$400,000 or life expectancy in years times $8,000, whichever is greater; $1,000,000 or life expectancy times $25,000 for severe permanent impairment or disfigurement (AS 09.17.010)

$650,000 for 2005 to 2008, plus $15,000 each January 1: $920,000 for causes of action arising in 2026 (CJP § 3-2A-09)

None in force (Lebron v. Gottlieb Memorial Hospital, 2010)

$530,000 for acts in 2026, rising to $875,000 for acts in 2029 (C.R.S. § 13-64-302(1)(c), as amended by HB24-1472)

For judgments, awards, or settlements in 2026: $470,000 for injury, $650,000 for death, per category of defendant (Civ. Code § 3333.2)

$250,000; $400,000 for wrongful death or impairment more than 70% disabling; none for reckless or intentional misconduct (AS 09.55.549)

Written notice within 1 year after the injury; $400,000 per claim, $800,000 per occurrence (CJP §§ 5-303, 5-304)

Written notice before suit; no suit until denial or 120 days pass (K.S.A. 12-105b(d))

Notice within 180 days after the loss (Ind. Code § 34-13-3-8)

Suit within 1 year from the injury or accrual (745 ILCS 10/8-101(a))

Claim filed with the clerk or secretary within 180 days; deemed denied if not acted on in 90 days (§§ 6-906, 6-909)

Required, at least equal to the Title 17 minimums (Ins. § 19-509)

Required in every Maine liability policy (24-A M.R.S. § 2902(1))

Included unless the named insured rejects it in a signed writing (§ 516A.1)

Required in every bodily injury liability policy, at the 7-203 limits (215 ILCS 5/143a)

Included unless a named insured rejects it in writing (§ 431:10C-301(b)(3))

Included unless the named insured rejects it (§ 32-7-23(a))