Comparative Negligence

### What is comparative negligence? - [x] A legal doctrine that allocates damages based on each party's degree of fault. - [ ] A rule that bars recovery if the plaintiff has any fault. - [ ] A method of completely removing fault from legal considerations. - [ ] A principle that always assigns equal fault to parties involved. > **Explanation:** Comparative negligence allocates damages based on the percentage of fault attributed to each party in an accident. ### In pure comparative negligence, can a plaintiff recover damages if they are 99% at fault? - [x] Yes - [ ] No - [ ] Only if they are less at fault than the defendant - [ ] They cannot recover any damages > **Explanation:** In pure comparative negligence, the plaintiff can recover damages even if they are 99% at fault, but their recovery will be diminished by their percentage of fault. ### What is the main distinction of modified comparative negligence? - [ ] Damages are doubled for each party - [x] The plaintiff can only recover damages if their fault does not exceed a certain threshold - [ ] Fault percentages are not calculated - [ ] Only the defendant's fault is considered > **Explanation:** In modified comparative negligence, the plaintiff can recover damages only if their fault does not exceed a defined threshold (usually 50% or 51%). ### In which situation can joint and several liability apply? - [x] When each defendant can be held responsible for the full amount of damages - [ ] Only when damages are divided evenly - [ ] Only in cases of contributory negligence - [ ] When defendants choose to divide damages among themselves > **Explanation:** Joint and several liability allows each defendant to be held responsible for the full damage amount, regardless of their individual share of fault. ### Which term describes a rule that bars recovery completely if the plaintiff is at any fault? - [x] Contributory Negligence - [ ] Pure Comparative Negligence - [ ] Joint Liability - [ ] Tort Law > **Explanation:** Contributory negligence is a rule where if the plaintiff is at any fault, they are barred completely from recovering damages. ### How does comparative negligence differ from contributory negligence? - [ ] It removes the need for fault determination - [x] It allows for partial recovery for the plaintiff based on fault percentage - [ ] It equally divides fault among parties without further analysis - [ ] It only applies to criminal cases > **Explanation:** Comparative negligence allows the plaintiff to recover damages reduced by their percentage of fault, unlike contributory negligence, which bars any recovery if the plaintiff is at fault at all. ### Why might comparative negligence lead to complex litigation? - [ ] It eliminates the need for court trials - [x] Parties may argue over the percentage of fault, prolonging the resolution - [ ] It simplifies the calculation of damages - [ ] It removes legal consequences for all parties > **Explanation:** Comparative negligence can lead to complex litigation as parties contest the precise calculation of fault percentages. ### Can comparative negligence apply to medical malpractice cases? - [x] Yes - [ ] No - [ ] Only in workplace injury cases - [ ] Only outside the healthcare sector > **Explanation:** Comparative negligence can apply to medical malpractice cases where both the healthcare provider and the patient's actions contributed to the harm. ### What happens in an accident if both parties are found equally at fault under comparative negligence? - [ ] Both parties receive equal compensation - [x] Each party's recovery is reduced by 50% - [ ] Only one party can receive compensation - [ ] Fault calculation is irrelevant > **Explanation:** If both parties are equally at fault, each party's recovery is reduced by 50%, reflecting their equal contribution to the accident. ### What is required for modified comparative negligence to bar recovery for a plaintiff? - [ ] The plaintiff must have less fault than the defendant - [x] The plaintiff's fault must exceed a given threshold (e.g., 50%) - [ ] All parties must be equally at fault - [ ] No specific conditions need to be met > **Explanation:** In modified comparative negligence systems, the plaintiff can be barred from recovering if their fault exceeds a given threshold, typically 50%.