Thiệt hại & Trách nhiệmCâu 421 / 531
States take different approaches to a plaintiff who is partly at fault. Under a comparative negligence approach, the plaintiff's recovery is:
a.unaffected, because the defendant breached a duty
b.reduced in proportion to the plaintiff's fault
c.shifted onto the defendant's insurer
d.barred completely once any fault is assigned
Giải thích
A comparative negligence approach reduces the award by the plaintiff's own share of fault: a $100,000 award to a plaintiff found 30% at fault becomes $70,000. The answer that bars recovery entirely once any fault is assigned describes contributory negligence, the older approach a small number of states still follow. Which approach governs is set by each state's law, so the two must not be treated as interchangeable.
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