Which situation allows a plaintiff to recover damages even if they are negligent?

In a pure comparative negligence system, a plaintiff can recover damages even if they are found to be negligent. This approach allows for a proportional allocation of fault between the parties involved. For instance, if a plaintiff is found to be 30% at fault for an accident and the defendant is 70% at fault, the plaintiff can still recover 70% of their damages. This system contrasts with contributory negligence laws, where any negligence on the part of the plaintiff could potentially bar recovery completely.

By allowing plaintiffs to recover damages based on their percentage of fault, pure comparative negligence encourages accountability while still providing a means for recovery, reflecting a more balanced view of negligence in tort law. This system is widely adopted because it recognizes the complexities of accidents and the varying degrees of fault that may exist between parties.