Four systems, and Vermont uses the more forgiving modified version
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. Vermont uses the 51% bar under 12 V.S.A. § 1036.
The precise wording that settles the question
Vermont's statute states that a plaintiff's negligence doesn't bar recovery "if the negligence was not greater than the causal total negligence of the defendant or defendants." That phrasing resolves the question directly: an exact 50-50 split between plaintiff and defendants is "not greater than," so recovery is still allowed, just reduced by the plaintiff's own share.
A real legislative history
Vermont adopted comparative negligence in 1969, replacing an older contributory negligence framework under which any fault on the plaintiff's part at all would have barred recovery entirely. The statute was further amended in 1980 to reach its current form.
The other two systems, for context
At the more generous end, pure comparative negligence states like California never bar recovery for ordinary fault at all, no matter how high the percentage. At the far stricter end, a small handful of contributory negligence jurisdictions still bar recovery entirely for any fault, even 1%. See our guide to the other states using a 51% bar for Vermont's closest peer group nationally.