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Hawaii and the 21 States With a 51% Fault Bar

Twenty-one states, Hawaii 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

Hawaii's peer group under this more common threshold is: Connecticut, Delaware, Florida, 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, geographically

This list spans the country without any real regional clustering — it includes island-state Hawaii alongside Great Lakes states like Michigan and Ohio, mountain states like Montana, and New England states like Vermont and New Hampshire. The 51% bar reflects a shared legislative or judicial choice made independently across a genuinely diverse set of states, not a regional pattern.

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. Hawaii's version, Haw. Rev. Stat. § 663-31, is notable for explicitly comparing the claimant's fault against the aggregate, combined negligence of multiple defendants, a detail worth understanding in any multi-defendant claim.

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 Hawaii'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, Florida, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.

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 Hawaii's version the more typical modified comparative rule nationally.

Do all 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 Hawaii is in this larger group of states?

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

Is Hawaii unusual among Pacific or West Coast states for using this rule?

Somewhat. Nearby Pacific states vary in their approach; the 51%-bar group spans the country rather than clustering by region, so Hawaii's membership isn't simply a geographic pattern.

More Hawaii negligence tools & guides

Hawaii Comparative Negligence CalculatorSee exactly where the 50/51 line falls for you Pure vs. Modified Comparative NegligenceWhere Hawaii'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 Hawaii statute (Haw. Rev. Stat. § 663-31), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.