Modified 50% Bar Comparative Negligence States

Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, and Utah are the 10 jurisdictions that follow modified 50% bar comparative negligence. The claimant must be less than 50% at fault to recover; at exactly 50% recovery is barred entirely.

Key facts

Rule type: Modified 50% bar
Jurisdictions in this group: 10
States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, and Utah
How recovery works: Claimant barred when fault reaches 50% or more. The claimant must be less than 50% at fault to recover; at exactly 50% recovery is barred entirely.
Last verified: 2026-05-22 (each state row cites the primary source)

Modified comparative fault with a 50% bar means the claimant must be less than 50% at fault to recover; a 50/50 split bars recovery entirely. This rule is sometimes called the '49% rule.' Tennessee adopted it judicially in McIntyre v. Balentine (1992). Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, and Utah codify it by statute. Note: Utah's statute frames the bar as defendants' fault must 'exceed' plaintiff's, so a 50/50 split also bars recovery there.

The 10 modified 50% bar comparative negligence jurisdictions

State	Max fault to recover	Statute / case	Details
Arkansas	50%	Ark. Code Ann. § 16-64-122	Details →
Colorado	50%	Colo. Rev. Stat. § 13-21-111	Details →
Georgia	50%	Ga. Code Ann. § 51-12-33	Details →
Idaho	50%	Idaho Code § 6-801	Details →
Kansas	50%	Kan. Stat. Ann. § 60-258a	Details →
Maine	50%	14 M.R.S. § 156	Details →
Nebraska	50%	Neb. Rev. Stat. § 25-21,185.09	Details →
North Dakota	50%	N.D. Cent. Code § 32-03.2-02	Details →
Tennessee	50%	McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)	Details →
Utah	50%	Utah Code § 78B-5-818	Details →

Informational only and not legal advice. Some states apply different rules to specific categories (medical negligence in Florida, for example). Confirm the controlling rule with a licensed attorney.

Modified 50% Bar Comparative Negligence FAQ

Which states use modified 50% bar comparative negligence?

10 US jurisdictions follow modified 50% bar comparative negligence: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, and Utah. Each state's rule is set by either statute or controlling court decision; see the table below for the citation in each state.

How does modified 50% bar comparative negligence work?

Claimant barred when fault reaches 50% or more. The claimant must be less than 50% at fault to recover; at exactly 50% recovery is barred entirely.

How does modified 50% bar comparative negligence affect settlement value?

In modified-50 states, disputed-liability cases become much more sensitive to small swings in fault percentage because crossing the bar eliminates recovery entirely. Adjusters use this to pressure low settlement offers when liability is contested.

10 jurisdictions · Modified 50% bar

Modified 50% Bar Comparative Negligence States

Key facts

The 10 modified 50% bar comparative negligence jurisdictions

See what your claim could be worth.

Modified 50% Bar Comparative Negligence FAQ

Which states use modified 50% bar comparative negligence?

How does modified 50% bar comparative negligence work?

How does modified 50% bar comparative negligence affect settlement value?

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10 jurisdictions · Modified 50% bar

Modified 50% Bar Comparative Negligence States

Key facts

The 10 modified 50% bar comparative negligence jurisdictions

See what your claim could be worth.

Modified 50% Bar Comparative Negligence FAQ

Which states use modified 50% bar comparative negligence?

How does modified 50% bar comparative negligence work?

How does modified 50% bar comparative negligence affect settlement value?

Artificial Intelligence + Attorney InsightTM

Artificial Intelligence + Attorney Insight^TM