Question

Under the comparative negligence recovery theory, if the plaintiff is 20% at fault and the defendant is 80% at fault, how much does the plaintiff recover?

a. 0%
b. 20%
c. 80%
d. 100%

Answer 1

In comparative negligence, if a plaintiff is 20% at fault and the defendant is 80% at fault, the plaintiff recovers 80% of the damages awarded. Therefore, the correct option is C.

Step-by-step explanation:

Under the comparative negligence recovery theory, when determining damages, a plaintiff's recovery is reduced by their percentage of fault. If the plaintiff is found to be 20% at fault and the defendant 80% at fault, the plaintiff's recovery of damages will be reduced by their 20% of fault. Thus, the plaintiff would recover 80% of the total damages awarded. Therefore, the correct answer to the question is c. 80%.