6-Step Micro Lesson · ~4 min
Comparative Negligence
How is the plaintiff's recovery adjusted when the plaintiff was also careless?
這一課問的是：當原告自己也有疏忽時，賠償如何調整？
4 key terms
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One exam-ready rule
Under comparative negligence, the plaintiff's recovery is reduced by the plaintiff's own percentage of fault; in pure comparative systems the plaintiff may recover even when mostly at fault, while in modified systems recovery is barred once the plaintiff's fault reaches or exceeds the jurisdiction's threshold..
Quick analysis
Issue
How much may P recover when P was 30% at fault for the accident and D was 70% at fault?
Rule
Under comparative negligence, the plaintiff's recovery is reduced by the plaintiff's own percentage of fault.
Application
P's total damages were $100,000, and the jury found P 30% at fault and D 70% at fault. Because comparative negligence reduces recovery by the plaintiff's share of fault, the fact that P bears 30% of the fault means .
Conclusion
Therefore, P recovers $70,000 from D.
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