Which comparative negligence rule allows a plaintiff to recover as long as the plaintiff's fault is not greater than 50 percent of the total fault?

Which comparative negligence rule allows a plaintiff to recover as long as the plaintiff's fault is not greater than 50 percent of the total fault?

• A. Forty nine percent comparative negligence rule
• B. Pure comparative negligence rule
• C. Fifty percent comparative negligence rule
• D. Last clear chance doctrine

Answer: (C)

In comparative negligence, damages are allocated based on each party’s share of fault. The fifty percent rule is a modified form: a plaintiff may recover only if their own fault is 50 percent or less of the total fault. Damages are then reduced in proportion to the plaintiff’s fault, but if the plaintiff is more than 50 percent at fault, recovery is barred. This precisely matches the stated condition, making it the rule described. Pure comparative negligence would allow recovery even when the plaintiff’s fault exceeds 50%, just reducing damages by the plaintiff’s percent fault. The forty-nine percent rule uses a different threshold and is not the standard. The Last Clear Chance doctrine is a historical concept, not a current comparative-negligence rule.

In comparative negligence, damages are allocated based on each party’s share of fault. The fifty percent rule is a modified form: a plaintiff may recover only if their own fault is 50 percent or less of the total fault. Damages are then reduced in proportion to the plaintiff’s fault, but if the plaintiff is more than 50 percent at fault, recovery is barred. This precisely matches the stated condition, making it the rule described.

Pure comparative negligence would allow recovery even when the plaintiff’s fault exceeds 50%, just reducing damages by the plaintiff’s percent fault. The forty-nine percent rule uses a different threshold and is not the standard. The Last Clear Chance doctrine is a historical concept, not a current comparative-negligence rule.