Key facts
- Rule type
- Modified 51% bar
- Jurisdictions in this group
- 25
- States
- Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, and Wyoming
- How recovery works
- Claimant barred when fault is greater than 50% (the 51% rule). The claimant must be 50% or less at fault to recover; at 51% or more recovery is barred entirely.
- Last verified
- 2026-05-22 (each state row cites the primary source)
The 51% bar is the most common modified-comparative scheme in the United States. A claimant recovers when their fault is 50% or less and is barred entirely when fault exceeds 50%. Florida switched to this rule in 2023 under House Bill 837 (medical-negligence cases excluded). West Virginia adopted it in 2015 under HB 2002. Louisiana switched from pure to a 51% bar on January 1, 2026 under Act 15 of 2025, making this the largest and fastest-growing cluster.
The 25 modified 51% bar comparative negligence jurisdictions
Informational only and not legal advice. Some states apply different rules to specific categories (medical negligence in Florida, for example). Confirm the controlling rule with a licensed attorney.