Question

Partial comparative negligence states allow ∏ to recover only if her negligence was less serious or no more serious than that of the ∆. Her recovery, if not barred, will be reduced according to her proportionate share of fault. True or False

Answer 1

The statement is true: in partial comparative negligence states, the plaintiff can recover damages if their negligence is not more than the defendant's, but their recovery is reduced by their proportionate fault.

Step-by-step explanation:

The statement is true. In partial comparative negligence states, a plaintiff (denoted as Π) may recover damages only if their degree of negligence is not more significant than the defendant's (Δ). However, the plaintiff's recovery amount is reduced by their proportionate share of fault. For instance, if a plaintiff is found to be 30% at fault for an accident, and the total damages amount to $100,000, they would only be able to recover $70,000. The notion behind this rule is to allocate damages in a way that corresponds to the level of responsibility each party had in causing the harm.