32 CFR § 564.55 - Claims not payable.

---
identifier: "/us/cfr/t32/s564.55"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 564.55 - Claims not payable."
title_number: 32
title_name: "National Defense"
section_number: "564.55"
section_name: "Claims not payable."
chapter_name: "DEPARTMENT OF THE ARMY"
subchapter_number: "E"
subchapter_name: "ORGANIZED RESERVES"
part_number: "564"
part_name: "NATIONAL GUARD REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 110, 70A Stat. 600; 32 U.S.C. 110."
cfr_part: "564"
---


# 564.55 Claims not payable.

(a) *Contributory negligence.* Negligence or wrongful act of the claimant or of his agent or employee, a proximate cause of the accident or incident, bars a claim. The law of the place where the accident or incident occurred will be followed in determining whether contributory negligence is present but the doctrine of comparative negligence will not be applied.

(b) *Personal injury.* Claims for personal injury are not cognizable under the act of §§ 564.51 to 564.58.

(c) *Use and occupancy.* Claims for use and occupancy, payment of which is governed by the terms of a lease or contract, are not cognizable under §§ 564.51 to 564.58.