Under which of the following does the court determine the percentage of fault of the defendant, requiring that the defendant be more than 50% at fault before the plaintiff can recover?
A) Assumption of the risk.
B) Last-clear-chance.
C) Modified comparative negligence.
D) Pure comparative negligence.
E) Both modified comparative negligence and last-clear-chance.

Question

Quizplus · Accepted Answer

Modified comparative negligence is a legal doctrine under which the court determines the percentage of fault of each party involved in an accident. The plaintiff can recover damages only if their percentage of fault is less than a certain threshold, typically 50%. If the plaintiff is found to be 50% or more at fault, they cannot recover damages under this rule. Pure comparative negligence allows for recovery regardless of the plaintiff's percentage of fault, and the other options listed do not involve determining percentages of fault in the same manner.

Under Which of the Following Does the Court Determine the Percentage