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Delaware and the 21 States With a 51% Fault Bar

Twenty-one states, Delaware among them, use the more forgiving of the two modified comparative thresholds. Here's the full list.

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

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 defendant's. 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

Delaware'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 Delaware and New Hampshire. 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, separate statutes

All 21 states share the same core threshold — fault exceeding 50% bars recovery — but each codifies this under its own statute, with its own precise wording and its own body of case law. Delaware's version, 10 Del. C. § 8132, is one of the more straightforward examples of the 51% rule in this group, without the added layers some other states' versions carry.

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 Delaware'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 Delaware'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, with its own precise wording and case law.

Why does it matter that Delaware 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.

Is Delaware's neighboring region mostly 51%-bar states too?

Not entirely. Neighboring states vary in their own approach; the 51%-bar group spans the country rather than clustering by region.

More Delaware negligence tools & guides

Delaware Comparative Negligence CalculatorSee exactly where the 50/51 line falls for you Pure vs. Modified Comparative NegligenceWhere Delaware's 51% bar fits among all four systems How Adjusters Build a Fault ArgumentWhy the 50/51 line is worth fighting over

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Delaware statute (10 Del. C. § 8132), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.