Minnesota and the 21 States With a 51% Fault Bar Rule

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

Minnesota'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 genuine contrast right across the state line

Minnesota's neighbor North Dakota is a notable exception to any assumption of regional uniformity: North Dakota actually uses the stricter 50% bar, meaning a claimant found exactly 50% at fault recovers something driving in Minnesota but nothing at all in otherwise similar circumstances just across the Red River in North Dakota.

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. Minnesota's version, Minn. Stat. § 604.01, is notable for its unusually broad statutory definition of "fault," which extends well beyond ordinary negligence to include strict liability, breach of warranty, and unreasonable assumption of risk.

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 Minnesota'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 fault?

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 Minnesota'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 Minnesota 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 Minnesota's neighbor North Dakota in the same group?

No. North Dakota actually uses the stricter 50% bar instead, a genuine contrast right across the state line from Minnesota's more forgiving 51% rule.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Minnesota statute (Minn. Stat. § 604.01), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.