Contributory Negligence in Tennessee
State-specific overview · Tort Law
Tennessee uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
How Tennessee treats Contributory Negligence
Tennessee bars recovery if the plaintiff's negligence equals or exceeds the defendant's negligence under the 50% bar rule. If the plaintiff is found 49% at fault and the defendant 51% at fault, the plaintiff can recover but their award is reduced by their percentage of fault. This rule is codified in Tennessee common law and applies to most negligence actions, creating a meaningful threshold that affects many cases.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.