Connecticut uses modified comparative fault with a 51% bar: plaintiff can recover only if less than 51% at fault. Authority: Conn. Gen. Stat. § 52-572h.
The Connecticut pattern jury instructions ask jurors to determine: (1) was the defendant negligent? (2) was the plaintiff negligent? (3) was each party\'s negligence a substantial factor in causing the injury? (4) what percentage of fault, totaling 100%, do you assign to each party?
The court applies the modified comparative fault (51% bar) formula to those percentages after the verdict form is returned.
Comparative negligence in Connecticut is the single most important doctrine for predicting case value. Lawyers price cases based on liability strength, but the operative variable on the verdict form is the plaintiff's percentage of fault.
Connecticut's 51% modified-fault statute reduces verdicts in proportion to plaintiff fault up to 50%, then bars recovery at 51% and above. Compared with a strict 50% bar, Connecticut's rule is slightly more plaintiff-friendly at the threshold itself.
Pre-trial settlement valuation and trial strategy in Connecticut both turn on these numbers. Below: five scenarios at common verdict sizes and fault percentages, with the recovery a Connecticut plaintiff would actually receive under the state\'s modified comparative fault (51% bar) rule.
| Verdict | Plaintiff fault | Net recovery | Reduction |
|---|---|---|---|
| $100,000 | 10% | $90,000 | $10,000 |
| $250,000 | 25% | $187,500 | $62,500 |
| $500,000 | 49% | $255,000 | $245,000 |
| $500,000 | 50% | $250,000 | $250,000 |
| $1,000,000 | 60% | $0 | $1,000,000 |
Practical illustration: an injured driver wins a $200,000 verdict in Connecticut and the jury assigns 10% fault to them. Applying Connecticut's modified comparative fault (51% bar) rule yields a net recovery of $90,000.
Worked example: a Connecticut jury awards a plaintiff $500,000 in damages and finds the plaintiff 25% at fault. Under the state's modified comparative fault (51% bar) rule, the plaintiff actually recovers $187,500.
Practical illustration: an injured driver wins a $200,000 verdict in Connecticut and the jury assigns 49% fault to them. Applying Connecticut's modified comparative fault (51% bar) rule yields a net recovery of $255,000.
Practical illustration: an injured driver wins a $200,000 verdict in Connecticut and the jury assigns 50% fault to them. Applying Connecticut's modified comparative fault (51% bar) rule yields a net recovery of $250,000.
Worked example: a Connecticut jury awards a plaintiff $500,000 in damages and finds the plaintiff 60% at fault. Under the state's modified comparative fault (51% bar) rule, the plaintiff actually recovers $0.
Plaintiffs' attorneys in Connecticut screen cases with the comparative-fault rule front of mind. A case where the defense can credibly argue the plaintiff was 40%+ at fault gets a different intake decision in a 50%-bar state than in a pure-comparative state.
Connecticut jurors are typically instructed on the comparative-fault rule but, in some states, are not told the legal consequences of their percentage findings. This "blindfold" approach is meant to keep jurors focused on facts, not strategy , though defense lawyers argue it lets plaintiffs benefit from jurors who do not realize a 51% allocation eliminates recovery.
Connecticut comparative-negligence rules only matter if you file on time. The state\'s personal-injury statute of limitations is 2 years from the date of injury (Conn. Gen. Stat. § 52-584). Even an airtight liability case is dismissed with prejudice if the complaint is filed late.
Connecticut applies modified comparative fault (51% bar). Connecticut uses modified comparative fault with a 51% bar: plaintiff can recover only if less than 51% at fault.
Connecticut bars recovery when the plaintiff is 51% or more at fault.
Connecticut jurors are presented with a special verdict form asking them to assign fault percentages totaling 100% to each party (and any non-party at fault under joint-tortfeasor rules). The trial court then applies the comparative-fault formula to compute the final recovery.
Yes. Connecticut juries can apportion fault among multiple defendants (and sometimes non-party tortfeasors). The treatment of joint and several liability , whether each defendant is liable only for their share or for the entire judgment if others are insolvent , varies by state statute.
Connecticut courts vary on the "seat-belt defense." Some states allow evidence of non-use as a fault factor; others (by statute or judicial rule) exclude it. Plaintiffs\' counsel should consult current Connecticut appellate decisions before deciding how to handle the issue at trial.
Generally yes , Connecticut\'s comparative-fault rule applies across negligence claims, including medical malpractice. Some states adjust the framework for medmal cases (e.g., reducing the plaintiff-fault relevance because patients rarely contribute to their own injuries in the traditional sense), but the basic rule applies unless the statute carves out an exception.
In modified comparative fault (51% bar) Connecticut, the bar threshold becomes the focal point of settlement: defendants negotiate harder near the threshold, plaintiffs accept reduced offers to avoid the bar.
Last verified against primary sources on 2026-05-16.