Texas: Pure vs. Modified Comparative Negligence

Texas shares its 51% threshold with 20 other states — then puts that same halfway point to a second, genuinely distinctive use.

Four systems, and Texas 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. Texas uses the 51% bar under CPRC § 33.001, officially called the Proportionate Responsibility Act — the more typical of the two modified thresholds nationally.

The 50/51 distinction, precisely

A claimant found exactly 50% responsible still recovers half of their damages under Texas's rule, because the bar applies only once responsibility exceeds 50%. A claimant found 51% responsible recovers nothing at all.

A genuinely distinctive second use for the same 50% line

Texas's Proportionate Responsibility Act, last substantially amended in 1995, uses this same 50% threshold for an entirely separate purpose: deciding whether a defendant is protected from joint and several liability. A defendant under 50% responsibility pays only their own share; a defendant found more than 50% responsible can be held jointly and severally liable for the whole judgment. See our full guide to how fault and liability work together in Texas for the details.

The other three systems, for context

A smaller group of about 11 states uses the stricter 50% bar, where recovery is barred at fault merely equal to the other side's. At the more forgiving end, pure comparative negligence states like California never bar recovery for ordinary fault at all. See our guide to the other states using a 51% bar for Texas's closest peer group nationally.

Pure vs. modified comparative negligence — frequently asked questions

What are the four fault systems used across US states?

Pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Texas uses the 51% bar.

How does Texas's 51% bar differ from a 50% bar?

A 50% bar state denies recovery once the claimant's fault equals the defendant's. Texas's 51% bar only denies recovery once the claimant's responsibility actually exceeds 50%.

What is Texas's Proportionate Responsibility Act?

The official name for Chapter 33 of the Texas Civil Practice and Remedies Code, last substantially amended in 1995, which governs both the 51% recovery bar and how liability is divided among multiple defendants.

How does Texas's rule differ from a pure comparative negligence state?

A pure comparative state like California never bars recovery for ordinary fault, no matter how high the percentage. Texas bars recovery entirely once responsibility exceeds 50%.

How does Texas's rule differ from contributory negligence states?

Contributory negligence states, like Maryland, bar recovery for any fault at all, even 1%. Texas allows recovery for any responsibility up to and including 50%, reduced proportionally.

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