Four systems, and Oregon uses the more common threshold
American fault law splits into four real categories: pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Oregon uses the 51% bar under ORS § 31.600 — the more typical of the two modified thresholds nationally.
Where Oregon genuinely stands apart: settled defendants still count
Here's Oregon's real point of distinction. A jury can compare the fault of all parties, including defendants who have already settled and are no longer actively part of the case. This means a defendant's settlement doesn't erase their conduct from the overall fault calculus, which can genuinely shape how the remaining parties' percentages are allocated.
The 50/51 distinction, precisely
A claimant found exactly 50% at fault still recovers half of their damages under Oregon's rule, because the bar applies only when fault is more than 50%. A claimant found 51% at fault recovers nothing at all.
The stricter alternative: a 50% bar
A smaller group of about 12 states, including Georgia and Kansas, use a stricter version: recovery is barred the moment the claimant's fault is equal to the defendant's, not only when it exceeds it.
Pure comparative negligence and contributory negligence: the two extremes
At the more forgiving end of the spectrum, pure comparative negligence states like California never bar recovery for ordinary fault at all. At the far stricter end, the five contributory negligence jurisdictions — Alabama, Maryland, North Carolina, Virginia, and DC — bar recovery entirely for any fault, even 1%. See our guide to the other states using a 51% bar for Oregon's closest peer group nationally.