Wyoming and the 21 States With a 51% Fault Bar

Twenty-one states share this threshold — but Wyoming is genuinely more protective of defendants once you look past the recovery bar itself.

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

Wyoming'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 stance on defendant liability

Several states within this group still impose some form of joint and several liability once a given defendant's fault crosses a certain threshold — sometimes a notably low one. Wyoming takes a different, genuinely more protective approach toward defendants: liability stays several only across the board, with no threshold at which it converts to joint and several.

What this means when a defendant can't pay

This distinction matters most when a defendant turns out to be judgment-proof or otherwise unable to pay their share. In many other states in this group, a mechanism exists to shift at least part of that uncollectible amount onto a co-defendant. Wyoming has no such mechanism — a plaintiff facing an uncollectible defendant in Wyoming may simply be unable to recover that portion of the judgment at all.

Why this matters in a disputed, multi-defendant 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 how that recovery actually gets collected, especially with multiple defendants of varying solvency, can look quite different in Wyoming than it does in some of its peers. See our full comparison of how Wyoming'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 Wyoming's basic threshold the more typical modified comparative rule nationally.

Does every state in this 51%-bar group handle defendant liability the same way as Wyoming?

No. Several states in this group still impose joint and several liability once a defendant's fault crosses a certain threshold — sometimes a notably low one. Wyoming instead keeps liability several only across the board.

Why is Wyoming's several-only approach considered genuinely defendant-friendly?

Because no defendant can ever be made to cover a larger share of damages than their own percentage of fault, regardless of whether a co-defendant turns out to be judgment-proof or otherwise uncollectible.

Does this difference matter for a plaintiff dealing with an uncollectible defendant in Wyoming?

Yes, genuinely. Because there's no joint and several mechanism to shift an uncollectible defendant's share onto another defendant, a plaintiff in that situation may simply be unable to recover that portion of the judgment at all.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Wyoming statute (Wyo. Stat. § 1-1-109), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.