# Comparative fault system · West Virginia — Comparative fault system and joint and several liability rules by state

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, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **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: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 13c _(verified: appears in its own passage below)_

## 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 13c. Liability to be several; amount of judgment; allocation of fault.

## Source

- https://code.wvlegislature.gov/55-7-13c/

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).