The Texas 51 percent bar rule (proportionate responsibility)
Texas uses "proportionate responsibility." A claimant whose share of responsibility is greater than 50 percent recovers nothing; at 50 percent or less, the damages are reduced by the claimant's percentage (Tex. Civ. Prac. & Rem. Code §33.001 and §33.012).
General information about Texas law, not legal advice. The author is not a lawyer. Laws change; check the linked sources and talk to a Texas lawyer about your situation.
The bar: more than 50 percent
Section 33.001 is one sentence: "a claimant may not recover damages if his percentage of responsibility is greater than 50 percent." That is why the rule is often called the "51 percent bar rule" or "modified comparative fault." At exactly 50 percent the claimant is not barred.
The reduction: your percentage comes off the award
If the claimant is not barred, Section 33.012(a) says the court "shall reduce the amount of damages" by "a percentage equal to the claimant's percentage of responsibility." Settlements with other parties are then deducted too (§33.012(b)), with a different option in medical cases (§33.012(c)).
A simple illustration, not a prediction: if a jury found total damages of $100,000 and found the claimant 20 percent responsible, Section 33.012(a) would reduce the award by 20 percent.
Who gets a percentage
The jury (or judge) assigns a percentage, in whole numbers, to each claimant, each defendant, each settling person, and each "responsible third party" designated under Section 33.004 (§33.003). A percentage can only be submitted when there is sufficient evidence to support it (§33.003(b)).
Comparative negligence vs contributory negligence in Texas
Under a pure contributory negligence rule, any fault by the claimant bars recovery. Texas does not use that rule for cases under Chapter 33: the statute bars recovery only above 50 percent and otherwise reduces damages. Chapter 33 has its own scope rules, so whether it applies to a specific claim is a legal question.
Separate rules apply to some workplace claims. For example, an employer that does not carry workers' compensation cannot defend a negligence suit by an employee on the ground of the employee's contributory negligence (Tex. Lab. Code §406.033).
Frequently asked questions
What is the 51 percent rule in Texas?
Texas Civil Practice and Remedies Code Section 33.001 says a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent. At 50 percent or less, Section 33.012 reduces the damages by the claimant's percentage.
Is Texas a contributory negligence state?
Not for claims covered by Chapter 33. Chapter 33 uses proportionate responsibility: recovery is barred only when the claimant is more than 50 percent responsible, and otherwise reduced.
Sources
- Tex. Civ. Prac. & Rem. Code ch. 33 (§§33.001, 33.003, 33.012) (checked October 18, 2026)
- Tex. Lab. Code §406.033 (checked October 18, 2026)