How Minnesota’s Comparative Fault Rule Affects Your Injury Claim

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July 16, 2025

One of the most common questions we hear from personal injury clients is: “What if the accident was partly my fault?” Whether it’s a car crash, slip-and-fall, or dog bite, understanding how your actions may affect your case is key.

Minnesota follows a legal principle called “modified comparative fault” — and it can make or break your ability to recover compensation. Here’s what it means, how it works, and what you can do if you’re facing partial blame in a personal injury case.

What Is Comparative Fault?

Comparative fault (also called comparative negligence) is a legal doctrine used to apportion blame between parties in an accident. It recognizes that in many incidents, more than one person may be responsible for what happened.

Under Minnesota law, you can still receive compensation if you were less than 51% at fault for the accident. However, your financial recovery will be reduced in proportion to your share of the blame.

Minnesota’s 51% Bar Rule

This rule is what sets Minnesota apart from some other states:

If you are 0–50% at fault: You can recover damages, but they’ll be reduced by your percentage of fault.
If you are 51% or more at fault: You cannot recover anything.

This is called a modified comparative fault rule — it cuts off recovery for those who are more at fault than the party (or parties) they’re suing.

How Is Fault Determined?

Determining fault isn’t always straightforward. It involves:

Accident scene evidence (photos, videos, skid marks)
Police reports
Witness statements
Expert analysis
Statements from the parties involved

Insurers will often try to assign you a higher percentage of blame to reduce their payout. That’s why having a legal advocate on your side is essential.

Real-Life Examples

Let’s look at two simplified scenarios:

Scenario A: You were rear-ended at a stoplight but your brake lights were out. A jury finds you 20% at fault for the crash.

You’re awarded $100,000 in damages
Your compensation is reduced by 20%
Final award: $80,000

Scenario B: You slipped in a grocery store aisle where there was a visible wet floor sign. You’re found 55% at fault.

Because you exceeded the 51% threshold, you recover nothing

Types of Cases Where Comparative Fault Arises

Comparative fault plays a major role in:

Car accidents (especially left turns or lane changes)
Pedestrian or bicycle accidents
Slip-and-falls (e.g., not watching where you’re going)
Dog bites (if the victim provoked the dog)

Insurance companies are quick to argue fault in these cases — even when it’s unfair or unsupported by facts.

Why Legal Help Matters

A seasoned Minnesota personal injury attorney can:

Challenge exaggerated fault claims from insurance companies
Gather evidence that supports your side of the story
Minimize your share of liability
Maximize your potential recovery

Without proper representation, you risk being unfairly blamed — and underpaid — for your injuries.

Don’t Let Fault End Your Case Before It Begins

Being partially at fault doesn’t mean you’re out of options. At Perron Law Office, we help injury victims across Minnesota understand their rights and fight for the compensation they deserve — even in complex shared-fault cases.

If you’re unsure how much blame might be assigned to you, let’s talk. We offer free consultations to help you get the clarity and support you need.

If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.