Wyoming · Comparative Negligence

Wyoming Comparative Negligence Rule

Wyoming follows a modified 51% bar rule under Wyo. Stat. § 1-1-109. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Wyoming

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Wyoming

Modified comparative fault with a 51% bar; recovery is permitted when the claimant’s contributory fault is "not more than fifty percent" of the total fault of all actors. At 50% the claimant still recovers (reduced).

Related: Wyoming statute of limitations

Wyoming gives you 4 years to file a personal injury lawsuit under Wyo. Stat. § 1-3-105.

See the full Wyoming statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Wyoming attorney before relying on it.

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Wyoming Comparative Negligence FAQ

What comparative negligence rule does Wyoming follow?

Wyoming follows a modified 51% bar rule under Wyo. Stat. § 1-1-109. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Wyoming?

Yes, up to a point. In Wyoming you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Wyoming?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Wyoming bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Wyoming?

Wyoming gives you 4 years to file a personal injury lawsuit under Wyo. Stat. § 1-3-105.

Where can I read the actual rule?

The controlling authority is Wyo. Stat. § 1-1-109. The full text is available at https://law.justia.com/codes/wyoming/title-1/chapter-1/section-1-1-109/.

See comparative negligence rules for all 51 covered states