Wyoming: The Common Bar, an Uncommon Liability Rule

The 51% threshold is familiar nationally. What Wyoming does with defendant liability underneath it is genuinely its own.

Four systems, and Wyoming uses the more common threshold

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. Wyoming uses the 51% bar under Wyo. Stat. § 1-1-109(b) — the more typical of the two modified thresholds nationally.

The 50/51 distinction, precisely

A claimant found exactly 50% responsible still recovers half of their damages under Wyoming's rule, because the bar applies only once fault exceeds 50% of the total fault of all actors. A claimant found 51% responsible recovers nothing at all.

Where Wyoming genuinely departs from many peers

Wyoming shares its 51% threshold with roughly 20 other states — but several of those states still impose some form of joint and several liability once a given defendant's fault crosses its own threshold. Wyoming doesn't. Liability among defendants stays several only, no matter how high any one defendant's share of fault runs. See our full guide to how fault and liability work together in Wyoming for what this means in practice.

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. At the far stricter end, a small handful of contributory negligence jurisdictions, like Virginia, bar recovery entirely for any fault, even 1%. See our guide to the other states using a 51% bar for Wyoming's closest peer group nationally.

Pure vs. modified comparative negligence — frequently asked questions

What are the four fault systems used across US states?

Pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Wyoming uses the 51% bar.

How does Wyoming's 51% bar differ from a 50% bar state?

A 50% bar state denies recovery once the claimant's fault equals the defendant's. Wyoming's 51% bar only denies recovery once the claimant's fault actually exceeds 50% of the total fault of all actors.

What makes Wyoming's rule genuinely different from many other 51%-bar states?

Its approach to defendant liability. While Wyoming shares the 51% recovery threshold with roughly 20 other states, several of those states still impose joint and several liability above some fault threshold. Wyoming does not — liability stays several only no matter how high a defendant's fault runs.

How does Wyoming's rule differ from a pure comparative negligence state?

A pure comparative state like California never bars recovery for ordinary fault, no matter how high the percentage. Wyoming bars recovery entirely once fault exceeds 50%.

How does Wyoming's rule differ from contributory negligence states?

Contributory negligence states, like Virginia, bar recovery for any fault at all, even 1%. Wyoming allows recovery for any fault up to and including 50%, reduced proportionally.

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