51% Modified Comparative Negligence States

Category: legal

The specific states applying a greater-than-fault bar, where a plaintiff can recover damages as long as their responsibility does not exceed 50%.

The 51% modified bar is the dominant tort framework in the United States, applied across 24 states including Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, and Wyoming. In these jurisdictions, a 50/50 fault tie goes to the plaintiff, who recovers 50% of their damages. The hard cutoff triggers only if the plaintiff crosses into the majority-blame territory of 51% or more.

Common Examples

• Following recent statutory adjustments, Louisiana joined Florida and Texas as a 51% modified comparative negligence state, barring recovery at majority fault.
• A 50/50 fault determination remains viable for a partial recovery in Pennsylvania or Illinois, but crossing to 51% fault drops the asset value to zero.