Tennessee · Comparative Negligence

Tennessee Comparative Negligence Rule

Tennessee follows a modified 50% bar rule under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Tennessee

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (court opinion)

Details for Tennessee

Modified comparative fault with a 50% bar (the "49% rule") adopted in McIntyre v. Balentine. The plaintiff must be less than 50% at fault to recover; at exactly 50% recovery is barred.

Related: Tennessee statute of limitations

Tennessee gives you 1 year to file a personal injury lawsuit under Tenn. Code § 28-3-104.

See the full Tennessee statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Tennessee attorney before relying on it.

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Tennessee Comparative Negligence FAQ

What comparative negligence rule does Tennessee follow?

Tennessee follows a modified 50% bar rule under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Tennessee?

Yes, up to a point. In Tennessee you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Tennessee?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Tennessee bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Tennessee?

Tennessee gives you 1 year to file a personal injury lawsuit under Tenn. Code § 28-3-104.

Where can I read the actual rule?

The controlling authority is McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). The full text is available at https://law.justia.com/cases/tennessee/supreme-court/1992/833-s-w-2d-52-2.html.

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