Connecticut and the 21 States With a 51% Fault Bar

The more common modified comparative threshold

Among the roughly 33 US states that use some form of modified comparative negligence, a majority use the more forgiving 51% threshold — recovery is barred only once the claimant's fault actually exceeds the defendants' combined fault. A smaller group of 12 states uses a stricter 50% version instead, where recovery is barred at fault merely equal to the other side's.

The 21 states using a 51% bar

Connecticut's peer group under this more common threshold is: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.

A genuinely varied group

This is a wide-ranging list — it includes Texas, one of the largest states in the country by population, right alongside much smaller states like New Hampshire and Vermont. The 51% bar isn't concentrated in any particular region; states across the Northeast, Midwest, South, and West all appear in this group.

Shared threshold, not always identical mechanics

All 21 states share the same core threshold — fault exceeding 50% bars recovery — but the specific mechanics can differ meaningfully from state to state. Connecticut's version, under Conn. Gen. Stat. § 52-572h(b), is genuinely distinctive within this group: it compares the claimant against the combined negligence of everyone they're suing, explicitly including settled or released persons, rather than a simpler one-on-one comparison. Not every state in this 21-state group frames its own comparison the same way.

Why this matters in a disputed claim

Because none of these 21 states bars recovery at an even 50/50 split, a disputed fault percentage that lands right at the midpoint still results in meaningful recovery here — a real practical difference from the 12 states using the stricter 50% bar. See our full comparison of how Connecticut's rule fits among all four fault systems for the complete picture.

States with a 51% fault bar — frequently asked questions

Which states use a 51% bar for comparative negligence?

Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming — 21 states in total.

Is the 51% bar the most common modified comparative negligence approach?

Yes. Roughly 21 states use a 51% bar, compared to about 12 states that use the stricter 50% bar, making Connecticut's version the more typical modified comparative rule nationally.

Do all 21 states in this group apply the 51% threshold identically?

The core outcome is shared — fault exceeding 50% bars recovery — but each state codifies it under its own statute, and details like Connecticut's combined-defendant comparison can differ from state to state.

Why does it matter that Connecticut is in this larger group of states?

Because a claimant at exactly 50% fault still recovers something in these 21 states, unlike in a 50%-bar state where the same finding would eliminate recovery entirely.

Are large, populous states also in this 51% group?

Yes. Texas is among the largest states by population using a 51% bar, alongside mid-sized states like Connecticut and smaller states like New Hampshire.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Connecticut statute (Conn. Gen. Stat. § 52-572h), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.