Miss. Code Ann. » Miss. Code Ann. / Title 11 / Chapter 7
Mississippi Code

Miss. Code Ann. § 11-7-15 (2026)

Contributory negligence no bar to recovery of damages; jury may reduce damages

✓ current as of July 2026
Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.

Codes, Hemingway's 1917, § 502; 1930, § 511; 1942, § 1454; Laws, 1910, ch. 135; Laws, 1920, ch. 312

Notes of Decisions
Cited in 74 cases (4 in the last 5 years), 1973–2026 · leading case: Tharp v. Bunge Corp., 641 So. 2d 20 (Miss. 1994).
Sort: Relevance Newest Treatment
Tharp v. Bunge Corp., 641 So. 2d 20 (Miss. 1994). · cites it 3× “Miss. Code Ann. § 11-7-15 (1972). Mississippi Code Ann.”
Charles Norman, Jr. v. Anderson Reg'l Med. Ctr., 262 So. 3d 520 (Miss. 2019). · cites it 2× “]” Miss. Code Ann. § 11-7-15 (Rev. 2004) (emphasis added).”
Placek v. City of Sterling Heights, 275 N.W.2d 511 (Mich. 1979). · cites it 2× “01 (Supp 1978); Mississippi, Miss Code Ann, § 11-7-15; Montana, Rev Codes Mont, § 58-607.”
Daly v. Gen. Motors Corp., 575 P.2d 1162 (Cal. 1978). · cites it 2× “14, § 156 (1965)); Mississippi (3 Miss. Code Ann. § 11-7-15 (1917)); New York (CPLR, art.”
Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). · cites it 2× “1983); Miss.Code Ann. § 11-7-15 (1972); Mont.Code Ann.”
Hilen v. Hays, 673 S.W.2d 713 (Ky. 1984). · cites it 2× “(13) Mississippi, Miss.Code Ann. § 11-7-15 (1972). (14) Montana, Mont.”
Horton v. Am. Tobacco Co., 667 So. 2d 1289 (Miss. 1995). · cites it 4× “For example, Miss. Code Ann. § 11-7-15 , — 17 (1972), first enacted as Chapter 135, Laws of 1910, providing that contributory negligence did not bar recovery, was to relieve the harshness of the common law rule that contributory negligence of the plaintiff was a bar to recovery…”
Harrison v. Montgomery Cnty. Bd. of Educ., 456 A.2d 894 (Md. 1983). · cites it 2× “Miss. Code Ann. § 11-7-15 (1972). Wisconsin, in 1931, was the first state to adopt a "modified" comparative negligence statute, in which a plaintiff could not recover unless his negligence "was not as great as the negligence of the person against whom recovery is sought.”
Tarinika Smith v. Church Mut. Ins. Co., 254 So. 3d 57 (Miss. 2018). · cites it 5× “Compare Miss. Code Ann. § 11-7-13 (Rev. 2004), with Tenn.”
Hill v. Dunaway, 487 So. 2d 807 (Miss. 1986). · cites it 2× “Miss. Code Ann. § 11-7-15 (1972). The point for the moment is that the Saxton court treated contributory negligence on the part of the guest passenger as a lesser included offense, so to speak, to assumption of risk.”
Downs v. Choo, 656 So. 2d 84 (Miss. 1995). · cites it 2× “" Miss. Code Ann. § 11-7-17 (1972). For the open and obvious defense to be a complete bar to a negligence claim, the plaintiff must be one hundred percent (100%) negligent himself.”
Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016). · cites it 2× “20 A federal district judge similarly held that our comparative negligence statute, Miss. Code Ann. § 11-7-15 (Rev. 2004), should be applied before the statutory cap on noneconomic damages, rather than vice versa.”
Show all 74 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.