Guam Comparative Fault: What Happens When You're Partly to Blame?

If you were injured in an accident on Guam and you were partly to blame, you may wonder whether you can still recover compensation. The answer under Guam law is yes — but the amount you recover will be reduced by your percentage of fault. Here's how Guam's comparative fault system works and how insurance companies use it against you.

Guam's Modified Comparative Fault Rule (GCA § 7105)

Guam follows a modified comparative fault system (18 GCA § 90108). Under this rule, a plaintiff can recover damages as long as they were less than 50% at fault (not as great as the defendant's negligence, per 18 GCA § 90108) for the accident — but their recovery is reduced by their percentage of fault. If you are found to be 51% or more at fault, you are barred from recovery entirely.

For example:

• Total damages: $500,000
• Your fault: 30%
• Your recovery: $350,000 (70% of $500,000)

This is different from "pure comparative fault" states (like California), which allow recovery even if the plaintiff is 99% at fault. In Guam, once your fault exceeds 50%, you cannot recover.

How Fault Is Determined in Guam

Fault is determined by examining all the evidence: police reports, witness statements, photos and video, accident reconstruction, and expert testimony. The jury (or judge in a bench trial) assigns a percentage of fault to each party. In multi-vehicle accidents, fault can be distributed among multiple defendants.

Common ways insurance companies try to increase your fault percentage:

• Arguing you were speeding or driving aggressively
• Claiming you failed to wear a seatbelt (which can reduce your damages in Guam)
• Alleging you were distracted by your phone
• Arguing you had a pre-existing condition that made your injuries worse
• Claiming you failed to mitigate your damages by delaying medical treatment

Comparative Fault in Different Types of Cases

Car accidents: The most common application. If both drivers contributed to the accident, each recovers from the other proportionally.

Slip and fall: Property owners often argue the victim was "not paying attention" or wearing inappropriate footwear. These arguments can reduce your recovery but rarely eliminate it entirely.

Workplace injuries: In third-party lawsuits (not workers' comp), comparative fault applies. The defendant may argue you violated a safety rule or failed to use protective equipment.

Wrongful death: Comparative fault applies to wrongful death cases. If the deceased was partly at fault, the family's recovery is reduced proportionally.

Frequently Asked Questions

Does Guam's comparative fault rule apply to government entities?

Yes. If you sue the Government of Guam for a road defect or a GovGuam vehicle accident, comparative fault applies. The government will argue you were partly responsible — for example, that you were speeding on a road you knew was dangerous. An attorney can counter these arguments with evidence of the government's negligence.

What if I signed a waiver? Does comparative fault still apply?

Liability waivers and comparative fault are separate issues. A waiver may bar your claim entirely (if valid and enforceable), while comparative fault only reduces your recovery. Courts in Guam scrutinize waivers carefully — waivers for gross negligence are generally unenforceable.

How is Guam's comparative fault different from California's?

California uses pure comparative fault — you can recover even if you were 99% at fault (though your recovery is reduced by 99%). Guam uses modified comparative fault — if you are found to be 51% or more at fault, you are barred from recovery entirely. This distinction matters: in a disputed-fault case, the difference between a 49% and 51% fault finding can mean the difference between recovering hundreds of thousands of dollars and recovering nothing.