hard · LSAT Reading Comprehension
Under the doctrine of comparative negligence, a plaintiff's own carelessness reduces, rather than entirely bars, recovery in proportion to the plaintiff's share of fault. Most jurisdictions apply a 'modified' version of the doctrine, under which a plaintiff found to be more at fault than the defendant — typically 50% or more responsible — recovers nothing at all, while a plaintiff found less at fault than the defendant recovers damages reduced by the plaintiff's own percentage of fault. A minority of jurisdictions instead apply 'pure' comparative negligence, permitting recovery at any fault percentage short of 100%, even where the plaintiff bears the greater share of the blame, simply reducing the award proportionally. The distinction matters most in close cases: a plaintiff assessed at exactly 50% or 51% fault may recover a substantial award in a pure jurisdiction but nothing whatsoever in most modified jurisdictions.
Which of the following scenarios best illustrates the practical difference between a 'pure' and a 'modified' comparative negligence jurisdiction, as described in the passage?
- A plaintiff found 20% at fault for an accident recovers 80% of damages in one jurisdiction and receives an identical reduced award in a second jurisdiction with the same fault allocation.
- A plaintiff found 65% at fault recovers 35% of damages in a jurisdiction applying pure comparative negligence, but recovers nothing at all under the modified version of the doctrine.
- A plaintiff found 0% at fault for an accident recovers full damages in both a pure and a modified comparative negligence jurisdiction, since no fault was assessed against the plaintiff.
- A plaintiff found 100% at fault for an accident recovers nothing in either a pure or a modified comparative negligence jurisdiction, since the plaintiff bears the entirety of the blame.
- A defendant found 20% at fault for an accident pays 20% of damages in one jurisdiction and pays a larger share in a second jurisdiction despite an identical fault allocation.
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