Tennessee and the Dozen States With a 50% Fault Bar

A smaller, stricter group shares Tennessee's threshold — but how Tennessee actually got this rule sets it apart even within that group.

The stricter, smaller modified group

Among US states using modified comparative negligence, a smaller group uses the stricter 50% threshold — recovery is barred once a plaintiff's fault merely equals the defendant's, not only once it exceeds that level. A larger group of states uses the more forgiving 51% bar instead.

The states using a 50% bar

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

A genuine contrast right next door

Tennessee's neighbor North Carolina doesn't share this rule at all. North Carolina still follows pure contributory negligence, one of only five such jurisdictions nationally, barring recovery entirely for any plaintiff fault, even 1%. Cross that state line, and the exact same accident can produce a dramatically different outcome depending on which side the plaintiff's fault falls.

A genuinely distinctive origin within this shared group

Here's what sets Tennessee apart from much of this list. While most comparative fault states, including most of Tennessee's own 50%-bar peers, adopted their rule through legislation, Tennessee is one of only 11 states nationally to adopt comparative fault judicially — through the state Supreme Court's own 1992 decision in McIntyre v. Balentine, rather than an act of the legislature.

Why this matters in a disputed claim

Because Tennessee and its peers in this group bar recovery at the midpoint itself, a disputed fault percentage landing right at an even split carries real consequences — in a 51%-bar state, that same split would still allow a reduced recovery. See our full comparison of how Tennessee'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, Tennessee, Utah, and West Virginia are generally counted among this group.

Is the 50% bar more or less common than the 51% bar nationally?

Less common. More states use the more forgiving 51% bar, making the stricter 50% group, which includes Tennessee, the smaller of the two modified categories.

Does Tennessee's neighbor North Carolina use the same rule?

No. North Carolina still follows pure contributory negligence, one of only five such jurisdictions nationally, barring recovery entirely for any plaintiff fault at all — a genuine contrast right across that state line.

What makes Tennessee genuinely distinctive within this group of 50%-bar states?

How it got there. Tennessee is one of only 11 states to adopt comparative fault through a court decision rather than legislation, via the 1992 McIntyre v. Balentine opinion.

Did most states in this group adopt their rule through similar court decisions?

No. Most comparative fault states, including most of Tennessee's 50%-bar peers, got there through legislation rather than a court opinion.

This page provides general guidance only and is not legal advice. Figures are based on general US negligence law and Tennessee case law (McIntyre v. Balentine, 1992), verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.