Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff is seeking damages for injuries sustained in a construction site accident. The defendant, the construction company, claims that the plaintiff's own negligence contributed significantly to the accident. The state where the lawsuit is filed follows a 'modified comparative negligence' rule with a 51% bar. If the jury finds the plaintiff's total damages to be $100,000 and determines the plaintiff was 60% at fault and the defendant was 40% at fault, what amount, if any, will the plaintiff recover?
- A$100,000
- B$40,000
- C$0
- D$60,000
Show answer & explanationAnswer & explanation
Correct answer: C. $0
Under a 'modified comparative negligence' rule with a 51% bar, a plaintiff cannot recover any damages if their fault is found to be 51% or greater. Since the jury determined the plaintiff was 60% at fault, which exceeds the 51% bar, the plaintiff will recover $0.
Why the other options are wrong
- A. This would only be possible if the plaintiff was found 0% at fault.
- B. This would be the recovery if the plaintiff's fault was less than the 51% bar (e.g., 40% fault, recover 60%).
- D. This amount is incorrect as it implies the plaintiff recovers more than they should or could under this rule.
Modified Comparative Negligence (51% Bar)
A legal doctrine where a plaintiff's damages are reduced by their percentage of fault, but they are completely barred from recovery if their fault is found to be 51% or greater.
- Plaintiff's fault reduces damages proportionally.
- If plaintiff is 51% or more at fault, they recover nothing.
- Commonly referred to as the '51% rule' or 'not as great as' rule.
- Differs from pure comparative negligence where recovery is always possible unless 100% at fault.
Memory trick: Fault lines: where your recovery fortune lies.