The 51% bar rule is a legal principle used in some states in the United States to determine the degree of fault in a personal injury case. Under this rule, a plaintiff is barred from recovering damages if they are found to be 51% or more at fault for their own injuries. In other words, if the plaintiff is found to be more than 50% responsible for their own injuries, they cannot recover any damages from the defendant, even if the defendant is also found to be partially at fault. This rule is used in states such as Illinois, Louisiana, Missouri, and Wisconsin.
Fault in Texas:
Texas follows a modified comparative negligence rule, which means that a plaintiff can still recover damages as long as they are found to be less than 51% at fault for their own injuries. If a plaintiff is found to be 50% or less at fault, their damages will be reduced proportionally to their degree of fault. For example, if a plaintiff is found to be 20% at fault for their injuries, their damages will be reduced by 20%.
In Texas, a plaintiff can still recover compensation for a personal injury even if they are partially at fault, as long as their percentage of fault is less than the percentage of fault assigned to the other party. This rule is commonly referred to as the “51% rule,” which means that a plaintiff cannot recover compensation if they are 51% or more at fault. However, if the plaintiff is found to be less than 51% at fault, they can still receive compensation, although it will be reduced by their percentage of fault.
51% Bar Rule vs. Modified Comparative Fault:
The 51% bar rule and modified comparative fault are two different legal doctrines used in personal injury cases to determine fault and liability.
Under the 51% bar rule, a plaintiff cannot recover damages if they are found to be 51% or more at fault for their injuries. This means that if the plaintiff is more than 50% responsible for their own injuries, they cannot recover any damages from the defendant, even if the defendant is also found to be partially at fault. The 51% bar rule is used in some states, such as Illinois, Louisiana, Missouri, and Wisconsin.
On the other hand, under a modified comparative fault system, a plaintiff can still recover damages even if they are partially at fault for their injuries, as long as their degree of fault is below a certain threshold. In most states that follow a modified comparative fault system, the threshold is 50%. This means that if the plaintiff is 50% or less at fault, they can still recover damages, although the amount of damages will be reduced proportionally to their degree of fault. If the plaintiff is found to be more than 50% at fault, they cannot recover any damages.
So, the main difference between the 51% bar rule and modified comparative fault is the threshold at which a plaintiff is barred from recovering damages. The 51% bar rule bars recovery if the plaintiff is 51% or more at fault, while the modified comparative fault system bars recovery if the plaintiff is 50% or more at fault.