Asked by Javell Valley on May 10, 2024
Verified
Many states have a "50 percent" rule in their comparative negligence statutes. This means that the plaintiff recovers
A) nothing if he or she was more than 50 percent at fault.
B) 50 percent of damages even if he or she was less than 50 percent at fault.
C) 50 percent of damages if he or she was 50 percent at fault.
D) None of these choices is correct.
Comparative Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence, including the injured party, on the basis of each person’s proportionate carelessness.
"50 Percent" Rule
A principle in insurance, especially in regards to total loss claims, stipulating that if the cost of repairing an item exceeds 50% of its value, it is considered a total loss.
- Apprehend the rudiments of negligence and the options for its mitigation.
Verified Answer
MW
Mariah WilsonMay 13, 2024
Final Answer :
A
Explanation :
In states with a "50 percent" rule for comparative negligence, the plaintiff can recover damages only if they were 50 percent or less at fault. If they were more than 50 percent at fault, they recover nothing.
Learning Objectives
- Apprehend the rudiments of negligence and the options for its mitigation.