Arkansas uses modified comparative fault with a 50% bar: recovery is barred if plaintiff is 50% or more at fault. Authority: Ark. Code § 16-64-122.
The Arkansas pattern jury instructions ask jurors to determine: (1) was the defendant negligent? (2) was the plaintiff negligent? (3) was each party\'s negligence a substantial factor in causing the injury? (4) what percentage of fault, totaling 100%, do you assign to each party?
The court applies the modified comparative fault (50% bar) formula to those percentages after the verdict form is returned.
Arkansas follows the modern American approach to allocating fault in personal-injury cases: rather than treating any plaintiff fault as a complete bar (the old contributory-negligence rule), the jury assigns percentages and the recovery is reduced , or, in some states, eliminated past a threshold.
Arkansas's 50% bar makes the line between 49% and 50% the most expensive percentage point in a Arkansas courtroom. Defense lawyers fight to push the plaintiff to 50%; plaintiffs' counsel fight just as hard to keep them at 49% or below.
Pre-trial settlement valuation and trial strategy in Arkansas both turn on these numbers. Below: five scenarios at common verdict sizes and fault percentages, with the recovery a Arkansas plaintiff would actually receive under the state\'s modified comparative fault (50% bar) rule.
| Verdict | Plaintiff fault | Net recovery | Reduction |
|---|---|---|---|
| $100,000 | 10% | $90,000 | $10,000 |
| $250,000 | 25% | $187,500 | $62,500 |
| $500,000 | 49% | $255,000 | $245,000 |
| $500,000 | 50% | $0 | $500,000 |
| $1,000,000 | 60% | $0 | $1,000,000 |
Worked example: a Arkansas jury awards a plaintiff $500,000 in damages and finds the plaintiff 10% at fault. Under the state's modified comparative fault (50% bar) rule, the plaintiff actually recovers $90,000.
Practical illustration: an injured driver wins a $200,000 verdict in Arkansas and the jury assigns 25% fault to them. Applying Arkansas's modified comparative fault (50% bar) rule yields a net recovery of $187,500.
Scenario: a slip-and-fall plaintiff is awarded $1,000,000 by a Arkansas jury, with 49% of fault attributed to them for not watching where they walked. Under Arkansas law (modified comparative fault (50% bar)), the final award is $255,000.
Worked example: a Arkansas jury awards a plaintiff $500,000 in damages and finds the plaintiff 50% at fault. Under the state's modified comparative fault (50% bar) rule, the plaintiff actually recovers $0.
Scenario: a slip-and-fall plaintiff is awarded $1,000,000 by a Arkansas jury, with 60% of fault attributed to them for not watching where they walked. Under Arkansas law (modified comparative fault (50% bar)), the final award is $0.
Arkansas's rule changes how cases settle. In a state with a hard 50% bar, defense lawyers ramp up fault-allocation evidence , police reports, expert reconstruction, dashcam footage , because pushing the plaintiff over the threshold is worth the entire case. In pure-comparative states, both sides negotiate from a smoother slope.
In contested Arkansas cases, the jury is the final arbiter of fault percentages. Pre-trial, lawyers run focus groups and mock juries to predict how an average Arkansas juror will allocate responsibility on the specific facts , those predictions then drive settlement leverage.
Arkansas comparative-negligence rules only matter if you file on time. The state\'s personal-injury statute of limitations is 3 years from the date of injury (Ark. Code § 16-56-105). Even an airtight liability case is dismissed with prejudice if the complaint is filed late.
Arkansas applies modified comparative fault (50% bar). Arkansas uses modified comparative fault with a 50% bar: recovery is barred if plaintiff is 50% or more at fault.
Arkansas bars recovery when the plaintiff is 50% or more at fault.
Arkansas jurors are presented with a special verdict form asking them to assign fault percentages totaling 100% to each party (and any non-party at fault under joint-tortfeasor rules). The trial court then applies the comparative-fault formula to compute the final recovery.
Yes. Arkansas juries can apportion fault among multiple defendants (and sometimes non-party tortfeasors). The treatment of joint and several liability , whether each defendant is liable only for their share or for the entire judgment if others are insolvent , varies by state statute.
Arkansas courts vary on the "seat-belt defense." Some states allow evidence of non-use as a fault factor; others (by statute or judicial rule) exclude it. Plaintiffs\' counsel should consult current Arkansas appellate decisions before deciding how to handle the issue at trial.
Generally yes , Arkansas\'s comparative-fault rule applies across negligence claims, including medical malpractice. Some states adjust the framework for medmal cases (e.g., reducing the plaintiff-fault relevance because patients rarely contribute to their own injuries in the traditional sense), but the basic rule applies unless the statute carves out an exception.
In modified comparative fault (50% bar) Arkansas, the bar threshold becomes the focal point of settlement: defendants negotiate harder near the threshold, plaintiffs accept reduced offers to avoid the bar.
Last verified against primary sources on 2026-05-16.