Under which of the following systems may a plaintiff recover for any amount of the defendant's negligence,even if the plaintiff was the more negligent party?

Question

Quizplus · Accepted Answer

Under the pure comparative negligence system, a plaintiff may recover damages for any amount of the defendant's negligence, even if the plaintiff was also negligent. The damages awarded are reduced by the plaintiff's own degree of fault or negligence. In contrast, under the contributory negligence system, if an injured party is even slightly at fault, they may not recover any damages from the defendant. In the ordinary comparative negligence system, a plaintiff's recovery is based on their percentage of fault, up to a certain threshold. The assumption of the risk defense relieves the defendant of liability because the plaintiff voluntarily assumed the risks inherent in a certain activity.

Under Which of the Following Systems May a Plaintiff Recover