Idaho and the 12 States With a Stricter 50% Bar Rule

The less common modified comparative threshold

Among the roughly 33 US states that use some form of modified comparative negligence, a smaller group uses the stricter 50% threshold — recovery is barred once the claimant's fault simply equals the defendant's, not only when it exceeds it. A larger group of 21 states uses a more forgiving 51% version instead.

The 12 states using a 50% bar

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

Even inside this stricter group, Idaho stands apart

Sharing the 50% threshold with these eleven other states doesn't make Idaho's system identical to theirs. Under Idaho Code § 6-801 to § 6-803, Idaho's "individual rule" compares a claimant's fault against each defendant separately, rather than against the combined, aggregate fault of multiple defendants together — a mechanic that most states in this group, and most states generally, don't share in the same form. This can produce real, different outcomes in multi-defendant claims compared to a state that simply shares Idaho's 50% number.

A group spanning several regions

This list isn't confined to one part of the country — it includes Mountain West states like Idaho, Colorado, and Utah, Southeastern states like Georgia and South Carolina, and Great Plains states like Kansas and Nebraska. The 50% bar reflects a shared legislative choice made independently across a genuinely varied set of states.

Why this matters in a disputed claim

Because all 12 of these states bar recovery at an even 50-50 split, a disputed fault percentage that lands right at the midpoint results in zero recovery here — and in Idaho specifically, a multi-defendant claim adds the further question of how that comparison applies to each defendant individually. See our full comparison of how Idaho's rule fits among all four fault systems for the complete 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 — 12 states in total.

Does Idaho apply the 50% threshold identically to its peer states?

The core outcome is shared — fault reaching 50% bars recovery — but Idaho's individual rule for multiple defendants, comparing fault to each defendant separately, is a mechanic most of its peer states in this group don't share.

Is the 50% bar less common than the 51% bar among modified comparative states?

Yes. Roughly 12 states use a 50% bar, compared to about 21 states that use the more forgiving 51% bar, making Idaho's version the less common, stricter variant.

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

Because a claimant at exactly 50% fault recovers nothing in these 12 states, unlike in a 51%-bar state where the same finding would still allow a reduced recovery.

Do other states in this group use an individual rule like Idaho's?

Not typically in the same form. Idaho's individual rule for comparing fault against each defendant separately is a genuinely distinctive feature even within this smaller, stricter group of states.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Idaho statute (Idaho Code § 6-801 to § 6-803), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.

Idaho and the 12 States With a Stricter 50% Bar