Multistate Bar Examination Practice Question

Which of the following statements accurately describes how comparative-negligence rules affect a plaintiff's ability to recover damages?

  • Under a 51 percent modified comparative-negligence rule, a plaintiff who is 60 percent at fault may still recover 40 percent of the damages.

  • Under pure comparative negligence, a plaintiff who is 95 percent at fault may still recover 5 percent of the proven damages.

  • Under a 50 percent modified comparative-negligence rule, a plaintiff who is 50 percent at fault may recover half of the damages awarded.

  • In all comparative-negligence jurisdictions, a plaintiff who is more at fault than the defendant is always barred from any recovery.

Multistate Bar Examination
Torts
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