Texas Civil Practice & Remedies Code
Section 33.001 – Comparative Responsibility
Table of Contents
Statutory Text:
In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
Summary & Explanation - Code § 33.001
Texas follows a modified comparative fault system, outlined in § 33.001 of the Civil Practice & Remedies Code. This statute limits or bars recovery in personal injury lawsuits based on the plaintiff’s degree of fault.
If a claimant (injured party) is 51% or more at fault, they are barred from recovering any damages.
If the claimant is 50% or less at fault, they may still recover compensation, but it will be reduced proportionally to their share of the blame.
This is commonly referred to as the “51% Bar Rule” and is central to how liability is assessed and damages are awarded in Texas civil courts.
Example Scenario
If a person is awarded $100,000 in damages but is found to be 30% at fault for their injuries (e.g., for distracted driving in a car accident), their final recovery would be $70,000. If they were found to be 51% or more at fault, they would recover nothing under this rule.
Legal Interpretation & Use
Courts and juries apportion fault among all parties involved, including plaintiffs, defendants, and any third parties.
§ 33.001 is often used to argue partial liability and reduce the amount a defendant may owe or to challenge a plaintiff’s right to recover damages altogether.
This statute applies in most negligence-based tort claims, including car accidents, premises liability, product liability, and medical malpractice.
Relevance to Personal Injury Claims
Understanding § 33.001 is essential for:
Estimating potential recovery amounts
Evaluating case strategy and liability exposure
Negotiating settlements where shared fault is in dispute
Attorneys frequently cite this provision in motions, jury instructions, and during comparative fault analysis.
Related Statutes
- § 33.003 – Determination of Responsibility
- § 33.013 – Several Liability
- § 33.015 – Contribution Among Tortfeasors
Case Law Interpreting § 33.001 – Comparative Responsibility
Texas courts have clarified and applied § 33.001 in numerous personal injury and tort cases. Below are several notable decisions that illustrate how the comparative responsibility statute functions in real-world litigation:
In this Texas Supreme Court case, the Court emphasized the importance of properly segregating causes of action when submitting issues of fault to a jury. The Court noted that improper jury questions can obscure a fair determination of each party’s percentage of fault under Chapter 33.
Key takeaway: Jury instructions must allow clear fault allocation under § 33.001, or the verdict may be invalidated.
The court affirmed the principle that a plaintiff cannot recover any damages if they are found to be more than 50% at fault, reaffirming the strict nature of the 51% bar rule in comparative responsibility.
Key takeaway: Even if defendants are negligent, plaintiffs who are primarily responsible (51%+) will recover nothing.
This foundational case established Texas’s adoption of the comparative fault doctrine in tort law. It laid the groundwork for what would later become codified in Chapter 33 of the Civil Practice & Remedies Code.
Key takeaway: Texas moved from contributory negligence to comparative responsibility, significantly shifting tort liability law.
This case clarified how evidence of plaintiff conduct must meet certain legal standards to be used in apportioning comparative fault. The court disallowed speculative or prejudicial fault allocations lacking proper evidentiary support.
Key takeaway: Defendants must present credible evidence of plaintiff fault to reduce liability under § 33.001.
Frequently Asked Questions About Texas Comparative Responsibility (§ 33.001)
Houston Personal Injury Lawyer - Joel A. Gordon
Under Texas Civil Practice & Remedies Code § 33.001, a person injured in an accident can recover damages only if they are 50% or less at fault for the incident. If they are found 51% or more responsible, they are barred from recovering any compensation.
Texas follows a modified comparative fault system. If the injured party is found 51% or more responsible, they receive no compensation. If they are 50% or less responsible, their compensation is reduced by their percentage of fault. For example, if you’re 30% at fault, your recovery is reduced by 30%.
Yes. Texas’s comparative responsibility law is commonly applied in motor vehicle collisions to apportion fault between multiple drivers. Juries or insurance adjusters will evaluate how much each party contributed to the accident and adjust compensation accordingly.
Yes. In personal injury claims, multiple defendants can be assigned varying percentages of fault, and even non-parties (e.g., a settling party or an unknown driver) may be apportioned responsibility under Chapter 33.
While it is most often applied during jury deliberations, § 33.001 also influences settlements, summary judgment motions, and insurance claim evaluations during litigation and pre-trial negotiations.
Yes. Medical malpractice cases in Texas are subject to the same comparative responsibility standards. If the injured patient is deemed more than 50% responsible (e.g., for noncompliance with treatment), they cannot recover damages.