Southeast Comparative Negligence Survey

This survey compares negligence allocation frameworks across the five core Southeast jurisdictions. Georgia applies modified comparative negligence with a 50 percent bar under OCGA § 51-12-33(g). Florida applies modified comparative negligence with a 51 percent bar following the 2023 amendments to Fla. Stat. § 768.81 enacted through HB 837. Alabama retains pure contributory negligence, barring recovery for any plaintiff fault contributing to the injury. South Carolina applies modified comparative negligence with a 51 percent bar. North Carolina retains pure contributory negligence with limited last-clear-chance and gross-negligence exceptions. The doctrinal divergence between contributory negligence states (AL, NC) and the comparative negligence states substantially affects venue strategy, settlement valuation, and choice-of-law analysis in multi-jurisdictional matters. Verify statutory citations and recent appellate decisions before relying on the survey in active matters.