In which case does partial comparative negligence allow recovery?

Study for the Georgia Torts Bar Exam with our comprehensive quizzes. Use flashcards and multiple choice questions, each with detailed explanations and tips to enhance your learning. Get ready to excel!

Partial comparative negligence permits a plaintiff to recover damages as long as they are less at fault than the defendant. Under this framework, the plaintiff's recovery is reduced by their percentage of fault, allowing for a more equitable assessment of damages.

If the plaintiff is found to be more negligent than the defendant, they would typically be barred from recovering any damages. Therefore, option B correctly reflects the principle that as long as the plaintiff's fault is lower than that of the defendant, they can seek compensation despite their own negligence.

The other options describe circumstances where either the plaintiff is not in a position to recover—due to equal or greater fault than the defendant—or where the defendant’s liability is absolute, which does not apply to the partial comparative negligence standard. This principle aims to encourage responsible behavior while still allowing recourse for injured parties who are not primarily to blame for their injuries.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy