Ohio and the 21 States With a 51% Fault Bar

Twenty-one states share this threshold — but Ohio's own comparison looks genuinely broader 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

Ohio'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

Ohio's neighbor Michigan also uses the 51% bar, making this a shared rule across that state line — though Michigan's own version carries a distinctive wrinkle, limiting the 51% bar specifically to non-economic damages while handling economic damages differently.

A genuinely distinctive application within this shared group

Here's the detail that sets Ohio apart from most of this list. Under ORC § 2315.33, Ohio explicitly compares the plaintiff's fault against the combined tortious conduct of all other persons — including people the plaintiff isn't even suing in that particular action. Most of the other 20 states in this group don't spell out this non-party inclusion as explicitly in their own statutory text.

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 Ohio specifically, the broader non-party comparison means the full universe of potentially at-fault parties, not just the named defendants, can shape where that percentage ultimately lands. See our full comparison of how Ohio'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 Ohio's basic threshold the more typical modified comparative rule nationally.

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

The threshold itself is shared, but Ohio spells out a genuinely broad comparison, explicitly including the fault of people the plaintiff isn't even suing in the same action.

Is Ohio's neighbor Michigan in the same group?

Yes — Michigan also uses a 51% bar, though its own comparative fault rule carries a distinctive wrinkle limiting that bar to non-economic damages only.

Why does Ohio's broad fault comparison matter for understanding this group of states?

Because it's a reminder that even states sharing the same headline 51% threshold can define the comparison itself differently — Ohio's inclusion of non-party fault is a clear example.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Ohio statute (ORC § 2315.33), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.