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Massachusetts and the 21 States With a 51% Fault Bar

Twenty-one states, Massachusetts 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 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

Massachusetts's peer group under this more common threshold is: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana (for accidents from 2026 onward), Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.

A genuinely common New England pattern

Massachusetts has real company nearby: New Hampshire shares the same 51% bar, making this a fairly consistent approach across parts of the Northeast — though not a universal one, since Maine, just a bit further north, uses the stricter 50% version instead.

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. Massachusetts's version, M.G.L. c. 231, § 85, is notable for having replaced a true contributory negligence rule in 1969, rather than having started as comparative negligence from the outset the way some other states in this group did.

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 Massachusetts'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, Louisiana (for recent accidents), 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. More states use a 51% bar than the stricter 50% bar, making Massachusetts'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 Massachusetts 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 Massachusetts typical of its New England neighbors in using this rule?

Yes, broadly. New Hampshire shares Massachusetts's 51% bar, reflecting a fairly common regional pattern in the Northeast, though not every nearby state uses the identical threshold.

More Massachusetts negligence tools & guides

Massachusetts Comparative Negligence CalculatorSee exactly where the 50/51 line falls for you Pure vs. Modified Comparative NegligenceWhere Massachusetts'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 Massachusetts statute (M.G.L. c. 231, § 85), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.