Wisconsin and the 21 States With a 51% Fault Bar

Twenty-one states share this threshold — but Wisconsin applies it with a comparison method most of that group doesn't use.

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.

The 21 states using a 51% bar

Wisconsin'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, West Virginia, Wisconsin, and Wyoming.

A genuinely distinctive comparison method within this shared group

Sharing the same 51% recovery threshold with these 20 other states doesn't mean Wisconsin compares fault the same way they do. Many 51%-bar states compare a plaintiff's fault against the combined total of every defendant together. Wisconsin instead runs that comparison separately against each individual defendant — a genuinely distinctive structural choice within this group that can produce real differences in multi-defendant cases.

A cleaner joint and several liability threshold

Wisconsin uses the same 51% figure for its joint and several liability rule as it does for the plaintiff's own recovery bar — a cleaner, single-threshold structure compared to some other states in this group, where the joint and several liability figure sits at a separate, sometimes lower percentage.

Why this matters in a disputed claim

Because Wisconsin's per-defendant comparison can produce different outcomes against different defendants within the same case, a claim that would resolve simply in a combined-total 51%-bar state can genuinely play out differently in Wisconsin. See our full comparison of how Wisconsin'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, West Virginia, 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 Wisconsin's basic threshold the more typical modified comparative rule nationally.

Do other 51%-bar states compare a plaintiff's fault against each defendant separately, like Wisconsin does?

Not necessarily. Many 51%-bar states compare the plaintiff's fault against the combined total of all defendants, making Wisconsin's per-defendant method a genuinely distinctive feature even within this shared group.

Does Wisconsin's joint and several liability threshold match its recovery bar?

Yes. Wisconsin uses the same 51% figure for both purposes — a cleaner, single-threshold structure compared to some other states in this group that use a separate, lower figure for joint and several liability.

Why does this matter in a disputed, multi-defendant claim?

Because Wisconsin's per-defendant comparison can produce different outcomes against different defendants in the same case, an outcome that would be straightforward in a combined-total state can genuinely vary in Wisconsin depending on which defendant is being considered.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Wisconsin statute (Wis. Stat. § 895.045), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.