Comparative fault system · West Virginia
For Comparative fault system · West Virginia, state is West Virginia; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages; fault threshold is 51%, recorded from its source on 2026-08-31.
- State
- West Virginia our reading
- Rule type
- Comparative fault system our reading
- Fault system
- Modified comparative fault (51% bar) our reading
- When the plaintiff's own fault bars recovery
- unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages verified
- Fault threshold
- 51% our reading
- Statutory citation
- 13c verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
Any fault chargeable to the plaintiff shall not bar recovery by the plaintiff unless the plaintiff's fault is greater than the combined fault of all other persons responsible for the total amount of damages, if any, to be awarded.
— code.wvlegislature.gov, retrieved 2026-08-31
Where each value comes from
The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.
Statutory citation
13c. Liability to be several; amount of judgment; allocation of fault.
— all from code.wvlegislature.gov, retrieved 2026-08-31
Source
- code.wvlegislature.govhttps://code.wvlegislature.gov/55-7-13c/