Arkansas: Pure vs. Modified Comparative Negligence Rules

Arkansas sits in the middle of the four-system spectrum — but on the stricter side of that middle, with a threshold one point lower than the version most modified states actually use.

Four systems, and Arkansas sits in the stricter half of the middle

American fault law splits into four real categories: pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Arkansas uses the 50% bar version — genuinely stricter than the more common 51% bar many other modified comparative states use, though far more forgiving than the five contributory negligence jurisdictions at the opposite extreme.

Arkansas's rule: barred at equal fault

Under Ark. Code Ann. § 16-64-122, a claimant recovers nothing once their fault is equal to or greater than the defendant's. That precise wording matters: it means a 50-50 split in fault results in zero recovery under Arkansas law, not a reduced one.

The more common alternative: a 51% bar

Many other modified comparative states phrase the same basic threshold slightly differently: recovery is barred only once the claimant's fault exceeds 50%. Under that more common "51% bar" approach, a claimant found exactly 50% at fault can still recover something, since their fault hasn't yet exceeded the defendant's. Arkansas's rule, by denying recovery at fault merely equal to the defendant's, sets the bar one point lower and meaningfully stricter.

Pure comparative negligence: the more forgiving alternative

At the more forgiving end of the spectrum, pure comparative negligence states — including Alaska and Arizona — never bar recovery for ordinary fault at all, no matter how high the claimant's percentage climbs, even at 99%. Arkansas's approach produces a very different outcome the moment fault reaches the 50% mark.

Contributory negligence: the strictest extreme

At the far other end sit the five contributory negligence jurisdictions — Alabama, Maryland, North Carolina, Virginia, and the District of Columbia — where any fault at all on the claimant's part, even 1%, bars recovery entirely. Arkansas's rule is considerably more forgiving than that: a claimant with genuine but modest fault, anywhere under 50%, still recovers a proportional share. See our guide to the other states using a 50% bar for Arkansas's closest peer group nationally.

Pure vs. modified comparative negligence — frequently asked questions

What are the four fault systems used across US states?

Pure comparative negligence, modified comparative negligence with a 50% bar, modified comparative negligence with a 51% bar, and pure contributory negligence. Arkansas uses the 50% bar version.

How does Arkansas's 50% bar differ from a 51% bar?

A 51% bar state allows recovery when the claimant's fault equals the defendant's, barring recovery only when it exceeds 50%. Arkansas's 50% bar denies recovery at exactly 50% fault, one point stricter.

How does Arkansas's rule differ from a pure comparative negligence state?

A pure comparative state like Alaska or Arizona never bars recovery for ordinary fault, no matter how high the percentage. Arkansas bars recovery entirely once fault reaches 50%.

How does Arkansas's rule differ from contributory negligence states?

Contributory negligence states, like Alabama, bar recovery for any fault at all, even 1%. Arkansas allows recovery for any fault under 50%, reduced proportionally.

Is Arkansas's 50% bar common among US states?

It's a real but minority approach. More states use a 51% bar than a 50% bar, making Arkansas's threshold meaningfully stricter than the most common modified comparative rule.

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