Wisconsin's rule: barred above 50%, measured per defendant
Under Wis. Stat. § 895.045(1), a plaintiff whose negligence is greater than a given defendant's negligence — 51% or more, compared to that defendant specifically — is barred from recovery against that defendant. Below that line, damages are reduced in proportion to the plaintiff's own fault.
A genuinely distinctive comparison method
Here's what sets Wisconsin apart. The statute specifically requires that the plaintiff's negligence "be measured separately against the negligence of each person found to be causally negligent" — not against a single combined total of every defendant's fault together, as many other 51%-bar states do.
A real, confirmed consequence in multi-defendant cases
Because the comparison happens separately against each defendant, a plaintiff whose overall fault might seem perfectly reasonable can still be barred from recovering against one specific, less-negligent defendant — even while remaining free to recover from a more-negligent co-defendant in the very same case. See our full guide to how fault and liability work together in Wisconsin for how this plays out, including a real Wisconsin Supreme Court case built on exactly this distinction.
Joint and several liability: the same 51% line
Wisconsin uses the same 51% figure for a second purpose: a defendant found 51% or more causally negligent is jointly and severally liable for the full damages, while a defendant under that threshold is liable only for their own proportionate share.