New Jersey and the 21 States With a 51% Fault Bar

Twenty-one states share this threshold — but New Jersey's own follow-on liability rule looks genuinely different once you look past the headline number.

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

New Jersey'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 shared threshold with a close neighbor

New Jersey's neighbor Pennsylvania also uses the 51% bar, making this specific threshold a shared rule across that state line — even as each state's own surrounding details, like joint-liability triggers or notice requirements, can genuinely differ.

A genuinely distinctive application within this shared group

Here's the detail that sets New Jersey apart from most of this list. Under NJSA 2A:15-5.3, New Jersey requires a defendant to reach 60% fault, not merely 50%, before facing joint and several liability for the full damage award. Most of the other 20 states in this group set that secondary liability threshold lower, meaning New Jersey defendants generally enjoy more room before taking on that fuller exposure.

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 near the midpoint still results in meaningful recovery across the group — and in New Jersey specifically, the separate 60% joint-liability question adds a further layer worth tracking when multiple defendants are involved. See our full comparison of how New Jersey'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 New Jersey's basic threshold the more typical modified comparative rule nationally.

Does New Jersey apply the 51% threshold the same way the other 20 states do?

The recovery threshold itself is shared, but New Jersey sets a genuinely distinctive, higher 60% line for triggering a defendant's full joint-and-several liability.

Is New Jersey's neighbor Pennsylvania in the same group?

Yes — Pennsylvania also uses a 51% bar, making this a shared rule across that particular state line, even though the two states' surrounding rules can still differ in their own details.

Why does New Jersey's 60% liability line matter for understanding this group of states?

Because it's a reminder that even states sharing the same headline 51% threshold can set genuinely different follow-on rules — New Jersey's 60% joint-liability line is a clear example.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and New Jersey statute (NJSA 2A:15-5.1, NJSA 2A:15-5.3), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.