The more common modified comparative threshold
Among US states using 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 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
Vermont'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
Vermont's neighbor New Hampshire 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 within this shared group
Here's where Vermont stands apart from much of this list. Vermont applies several-only liability among defendants specifically when the plaintiff shares some fault, but reverts to traditional joint and several liability when the plaintiff bears no fault at all. New Hampshire, another member of this same 51%-bar group, uses a genuinely different mechanism instead: joint and several liability there turns on whether any single defendant is found 50% or more at fault, not on whether the plaintiff shares any responsibility.
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 — but in Vermont specifically, whether that recovery comes from one defendant or must be chased proportionally from several depends on a genuinely different question than in most of its peer states. See our full comparison of how Vermont's rule fits among all four fault systems for the complete picture.