Kansas 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

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

A group spanning several regions

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

Shared threshold, separate statutes

All 12 states share the same core threshold — fault reaching 50% bars recovery — but each codifies this under its own statute, with its own precise wording and its own body of case law. Kansas's version, K.S.A. § 60-258a, also pairs the 50% bar with the Kansas Comparative Fault statute's abolition of joint and several liability — a combination not every state in this group shares in exactly the same form.

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 — a real practical difference from the 21 states using the more forgiving 51% bar. See our full comparison of how Kansas'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.

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 Kansas's version the less common, stricter variant.

Do all 12 states in this group apply the 50% threshold identically?

The core outcome is shared — fault reaching 50% bars recovery — but each state codifies it under its own statute, with its own precise wording and case law.

Why does it matter that Kansas 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.

Is Kansas's region mostly 50%-bar states too?

Partially. Neighboring Nebraska shares Kansas's 50% bar, while other nearby states vary, so the group spans several regions rather than clustering in just one.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Kansas statute (K.S.A. § 60-258a), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.