Arkansas and the States With a Strict 50% Fault Bar

Two versions of "modified," and Arkansas uses the stricter one

Among the roughly 33 US states that use some form of modified comparative negligence, there are genuinely two different thresholds in use. Twelve states, including Arkansas, bar recovery once the claimant's fault reaches 50% — equal to the defendant's. The other, larger group of around 21 states instead uses a 51% threshold, barring recovery only once the claimant's fault actually exceeds the defendant's, which means a claimant exactly 50% at fault can still recover there.

The twelve 50%-bar states

Arkansas's peer group under this stricter threshold is: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia.

Shared outcome, separate statutes

All twelve states share the same core result — fault equal to or exceeding 50% bars recovery entirely — but each codifies this under its own statute, with its own precise wording and its own body of case law interpreting it. Arkansas's version lives in Ark. Code Ann. § 16-64-122, which frames the rule as barring recovery when the claimant's fault is "equal to or greater than" the defendant's — language worth reading closely, since it's this specific phrasing that puts the bar at 50% rather than 51%.

Why the one-point difference is a genuinely big deal

It's worth being direct about what separates a 50%-bar state from a 51%-bar state in practice: a claimant found exactly 50% at fault recovers a meaningful, reduced amount in a 51%-bar state, but recovers absolutely nothing under Arkansas's rule and the rules of its eleven peer states. Given how often real-world fault disputes land close to an even split, this single-point difference in where the line is actually drawn has real, practical consequences for a genuinely large number of claims.

Where this fits among all four systems

See our full comparison of pure comparative, both modified comparative thresholds, and contributory negligence for how Arkansas's stricter 50% bar fits into the complete national picture.

States with a 50% fault bar — frequently asked questions

Which states use a 50% bar for comparative negligence?

Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia — twelve states in total.

Is the 50% bar or the 51% bar more common among US states?

The 51% bar is more common. Roughly twenty-one states use a 51% bar, compared to twelve states, including Arkansas, that use the stricter 50% bar.

Do all twelve 50%-bar states apply the exact same threshold language?

The core outcome is shared — fault equal to or exceeding 50% bars recovery — but each state codifies it under its own statute, so the precise wording and any exceptions can differ from state to state.

Why does it matter that Arkansas is in this stricter group of states?

Because a fault finding of exactly 50% eliminates recovery entirely in these states, whereas the same 50% finding would still allow a reduced recovery in a 51%-bar state.

Are large or small states more likely to use the 50% bar?

There's no clear pattern by size. The 50%-bar group includes larger states like Georgia and mid-sized states like Arkansas, Kansas, and Tennessee, alongside smaller states like Maine and North Dakota.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Arkansas statute (Ark. Code Ann. § 16-64-122), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.