Under pure comparative negligence, a plaintiff's recovery is reduced by the plaintiff's own percentage of fault, even when that percentage exceeds the defendant's. Thus, a plaintiff who is 95 percent at fault can still recover 5 percent of the total damages.
In modified comparative-negligence jurisdictions that follow the 50 percent bar rule, a plaintiff who is 50 percent (or more) at fault is barred from any recovery, so merely being exactly 50 percent negligent would preclude damages.
Jurisdictions that use the 51 percent bar rule bar recovery only when the plaintiff's fault is greater than 50 percent; therefore, a plaintiff who is 60 percent at fault cannot recover at all.
Accordingly, option A is correct, and the remaining statements are incorrect.
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Multistate Bar Examination
Torts
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