Which of the following accurately describes pure comparative negligence?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

Pure comparative negligence is a legal doctrine that allows a plaintiff to recover damages even if they are partially at fault for the incident that caused their injuries. Under this approach, a plaintiff can recover an amount that is reduced based on their percentage of fault. For example, if a plaintiff is found to be 70% at fault for an accident, and their total damages are $100,000, they would be entitled to recover $30,000 from the defendant.

In this context, the second choice accurately highlights that a plaintiff can still recover damages even if they hold a greater degree of negligence compared to the defendant. This distinguishes pure comparative negligence from other forms of negligence that may bar recovery if the plaintiff's fault exceeds a certain threshold.

Understanding this principle is crucial because it influences how damages are calculated and awarded in tort cases, emphasizing the balance of fault rather than an all-or-nothing approach. The other options do not capture the essence of pure comparative negligence as accurately as the correct choice.

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