What is the primary outcome of a defense claiming reckless tortious conduct?

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The correct primary outcome of a defense claiming reckless tortious conduct is that it offsets the amount of the recovery award in comparative negligence. In jurisdictions that follow the comparative negligence doctrine, when a defendant successfully demonstrates that the plaintiff was partially at fault for their own injuries, the plaintiff's recovery is reduced by their percentage of fault. This means that if a defendant can establish that the plaintiff acted with some level of recklessness, the overall amount the plaintiff can recover may be decreased, reflecting the comparative fault assessment.

In contrast, the other options do not accurately capture the impact of a defense based on reckless conduct. Claims of recklessness do not eliminate the need for plaintiff testimony, nor do they serve as a complete defense against claims; recklessness does not preclude recovery if the plaintiff has a valid claim that does not solely depend on that conduct. Additionally, the concept of recklessness has relevance even in contributory negligence cases as it can still affect the analysis of fault or liability. Thus, the focus on offsetting recovery aligns with the role of comparative negligence in tort law.

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