How does pure comparative negligence affect recovery in a lawsuit?

How does pure comparative negligence affect recovery in a lawsuit?

• A. It reduces recovery based on the percentage of fault of the defendant
• B. It allows for full recovery if the defendant is at fault
• C. It guarantees settlement regardless of fault
• D. It results in a complete bar to recovery if the plaintiff is at fault

Answer: (A)

Pure comparative negligence is a legal doctrine that permits a plaintiff to recover damages in a lawsuit even if they are partially at fault for the incident. Under this system, the recovery amount is decreased in proportion to the plaintiff's degree of fault. For example, if a plaintiff is found to be 30% at fault for an accident, they can still recover 70% of the total damages from the defendant. This method ensures that responsibility is shared relative to the extent of blame placed on each party involved in the accident, allowing for more equitable outcomes based on individual circumstances. Thus, the approach directly correlates the plaintiff's recovery to their percentage of fault, making it a fundamental principle in jurisdictions that adhere to pure comparative negligence.

Pure comparative negligence is a legal doctrine that permits a plaintiff to recover damages in a lawsuit even if they are partially at fault for the incident. Under this system, the recovery amount is decreased in proportion to the plaintiff's degree of fault. For example, if a plaintiff is found to be 30% at fault for an accident, they can still recover 70% of the total damages from the defendant. This method ensures that responsibility is shared relative to the extent of blame placed on each party involved in the accident, allowing for more equitable outcomes based on individual circumstances. Thus, the approach directly correlates the plaintiff's recovery to their percentage of fault, making it a fundamental principle in jurisdictions that adhere to pure comparative negligence.