> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Damages Allocation in Pennsylvania

In Pennsylvania, damages are allocated under the modified comparative negligence rule of 42 Pa.C.S. § 7102, which bars recovery if a plaintiff is found 50% or more at fault. If the plaintiff’s share of fault is less than 50%, their recoverable damages are reduced by their percentage of fault. The statute sets out the allocation formula and any applicable exceptions, with the full text available in the official source linked below. The worked example on this page demonstrates how the reduction applies. To estimate your own potential recovery under this rule, use DocketMath’s calculator with your specific facts.

## Governing authority

In Pennsylvania, the damages allocation rule is set by **42 Pa.C.S. § 7102**. The verified packet cites 42 Pa.C.S. § 7102 (https://www.palrb.us/pamphletlaws/20002019/2011/0/act/0017.pdf).

**Pennsylvania damages allocation:** the verified value is **50%** under 42 Pa.C.S. § 7102. The verified packet cites 42 Pa.C.S. § 7102 (https://www.palrb.us/pamphletlaws/20002019/2011/0/act/0017.pdf).

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


In Pennsylvania, damages are allocated under the modified comparative negligence rule of 42 Pa.C.S. § 7102, which bars recovery if a plaintiff is found 50% or

Damages Allocation in Pennsylvania

In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

(a.1) Recovery against joint defendant; contribution.-- (1) Where recovery is allowed against more than one person, including actions for strict liability, and where liability is attributed to more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the amount of liability attributed to all defendants and other persons to whom liability is apportioned under subsection (a.2). (2) Except as set forth in paragraph (3), a defendant's liability shall be several and not joint, and the court shall enter a separate and several judgment in favor of the plaintiff and against each defendant for the apportioned amount of that defendant's liability. (3) A defendant's liability in any of the following actions shall be joint and several, and the court shall enter a joint and several judgment in favor of the plaintiff and against the defendant for the total dollar amount awarded as damages: (i) Intentional misrepresentation. (ii) An intentional tort. (iii) Where the defendant has been held liable for not less than 60% of the total liability apportioned to all parties. (iv) A release or threatened release of a hazardous substance under section 702 of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act. (v) A civil action in which a defendant has violated section 497 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code. (4) Where a defendant has been held jointly and severally liable under this subsection and discharges by payment more than that defendant's proportionate share of the total liability, that defendant is entitled to recover contribution from defendants who have paid less than their proportionate share. Further, in

Where recovery is allowed against more than one person, including actions for strict liability, and where liability is attributed to more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the amount of liability attributed to all defendants and other persons to whom liability is apportioned under subsection (a.2).

A defendant's liability in any of the following actions shall be joint and several, and the court shall enter a joint and several judgment in favor of the plaintiff and against the defendant for the total dollar amount awarded as damages: (i) Intentional misrepresentation. (ii) An intentional tort. (iii) Where the defendant has been held liable for not less than 60% of the total liability apportioned to all parties. (iv) A release or threatened release of a hazardous substance under section 702 of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act. (v) A civil action in which a defendant has violated section 497 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

Pennsylvania damages allocation is governed by 42 Pa.C.S. § 7102 (Comparative Negligence / Fair Share Act). Plaintiff's damages are diminished in proportion to their share of fault; bar applies only when plaintiff's fault exceeds defendant's.

Pennsylvania applies modified comparative negligence under 42 Pa.C.S. § 7102. Plaintiff may recover if plaintiff's negligence does not exceed defendant's negligence; damages are reduced proportionally. Multiple defendants are severally (not jointly) liable for their proportional share, except that joint and several liability applies for: (1) intentional torts, (2) intentional misrepresentation, (3) defendants bearing 60% or more of total fault, (4) Hazardous Sites Cleanup Act violations, and (5)

Damages Allocation in Pennsylvania

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Authority and key facts

Damages Allocation in Pennsylvania

Governing authority