Texas and the 21 States With a 51% Fault Bar

Twenty-one states share this threshold — and Texas's approach to multi-defendant liability echoes a similar rule used in South Carolina.

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 about 11 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

Texas'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, South Carolina, Texas, Vermont, Wisconsin, and Wyoming.

A shared threshold with a close neighbor

Texas's neighbor Oklahoma also uses the 51% bar, making this a shared rule across that particular state line — even as each state's own surrounding liability rules can genuinely differ.

A genuinely distinctive application, echoed elsewhere in this group

Here's a feature that sets Texas apart from much of this list, though not entirely alone. Texas's Proportionate Responsibility Act uses the 50% threshold for a second purpose: a defendant found more than 50% responsible loses the protection of several-only liability and can be held jointly and severally liable for the entire judgment. South Carolina, another member of this same 51%-bar group, uses a strikingly similar dual-purpose mechanism, also built around a 50% threshold for the liability question.

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 Texas specifically, that same midpoint also determines how a judgment against multiple defendants actually gets divided up. See our full comparison of how Texas'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, South Carolina, 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 Texas's basic threshold the more typical modified comparative rule nationally.

Does Texas's neighbor Oklahoma use the same 51% bar?

Yes — Oklahoma also uses a 51% bar, making this a shared rule across that state line, though each state's own surrounding damages and liability rules can still differ.

What makes Texas genuinely distinctive within this group of 51%-bar states?

Its dual-purpose 50% threshold, which decides both the comparative responsibility bar and, separately, whether a defendant faces joint and several liability — a structure South Carolina also uses within this same group.

Does every state in this group handle multiple defendants the same way?

No. The 51% recovery threshold is shared, but how liability gets divided among multiple defendants genuinely varies from state to state within this group.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Texas statute (CPRC § 33.001, § 33.013), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.