Comparative Negligence in Tennessee
State-specific overview · Tort Law
Tennessee uses modified comparative negligence; you cannot recover if your fault equals or exceeds the defendant's.
How Tennessee treats Comparative Negligence
Tennessee follows the 50% bar rule under Tenn. Code Ann. § 29-11-407, meaning a plaintiff whose negligence is greater than or equal to the defendant's cannot recover. If you are 50% at fault and the defendant is 50% at fault, you receive nothing. Your recovery is reduced by your percentage of fault only if you are less than 50% responsible.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Tennessee.