A lawsuit is being tried in a state that recognizes pure comparative negligence. If the plaintiff is found to have partial fault in the occurrence, can damages be recovered?
1. Yes, even if the plaintiff is 99% at fault
2. No, if the plaintiff has any fault damages cannot be recovered.
3. Only if the plaintiff is less than 50% at fault
4. Only if the plaintiff is over 51% at fault
1
Rationale: Under pure comparative negligence, the plaintiff is allowed to recover the portion of the injury attributable to the defendant's negligence, even if the plaintiff was 99% at fault. In modified comparative negligence, if the plaintiff's negligence is found to exceed that of the defendant the plaintiff is barred from recovery. In some states, that bar is 50%, in others 51%.
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