Connecticut: Pure vs. Modified Comparative Negligence

Connecticut's version of modified comparative fault is the more common one nationally — but its combined-defendant comparison adds a layer most states' versions don't have.

Four systems, and Connecticut uses the more common middle version

American fault law splits into four real categories: pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Connecticut uses the 51% bar — the more typical of the two modified thresholds, used by roughly 21 states compared to about 12 that use the stricter 50% version.

Connecticut's rule: barred only when you exceed them

Under Conn. Gen. Stat. § 52-572h(b), a claimant recovers as long as their negligence is not greater than the combined negligence of the people they're suing. A claimant at exactly 50% still recovers half their damages; only crossing to 51% bars recovery entirely.

The stricter alternative: a 50% bar

A smaller group of states, including Colorado and Arkansas, use a stricter version: recovery is barred the moment the claimant's fault is equal to the other side's, not only when it exceeds it. A claimant at exactly 50% recovers nothing in those states, while the same claimant recovers a meaningful amount in Connecticut.

A genuine extra layer: comparing against combined, not individual, fault

Connecticut's statute compares the claimant against the combined negligence of everyone they're suing, including settled or released persons — not a simple one-on-one comparison against a single defendant. This is a real, practical wrinkle worth understanding on its own terms, separate from the 50%-versus-51% threshold question itself, and it can genuinely affect how the math plays out in a case with multiple potentially at-fault parties.

Pure comparative negligence: the more forgiving alternative

At the more forgiving end of the spectrum, pure comparative negligence states — including California and Arizona — never bar recovery for ordinary fault at all, no matter how high the claimant's percentage climbs. Connecticut's approach produces a very different outcome the moment fault exceeds the 50% mark.

Contributory negligence: the strictest extreme

At the far other end sit the five contributory negligence jurisdictions — Alabama, Maryland, North Carolina, Virginia, and the District of Columbia — where any fault at all, even 1%, bars recovery entirely. See our guide to the other states using a 51% bar for Connecticut's closest peer group nationally.

Pure vs. modified comparative negligence — frequently asked questions

What are the four fault systems used across US states?

Pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Connecticut uses the 51% bar version.

How does Connecticut's 51% bar differ from a 50% bar?

A 50% bar state denies recovery once the claimant's fault equals the defendant's. Connecticut's 51% bar only denies recovery once the claimant's fault actually exceeds the combined fault of the defendants, so an even 50/50 split still allows recovery.

How does Connecticut's rule differ from a pure comparative negligence state?

A pure comparative state like California never bars recovery for ordinary fault, no matter how high the percentage. Connecticut bars recovery entirely once fault exceeds 50%.

How does Connecticut's rule differ from contributory negligence states?

Contributory negligence states, like Alabama, bar recovery for any fault at all, even 1%. Connecticut allows recovery for any fault up to and including 50%, reduced proportionally.

Is Connecticut's 51% bar the more common modified comparative approach?

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

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