Under the doctrine of Partial Comparative Fault, when can a plaintiff NOT recover damages?

Under the doctrine of Partial Comparative Fault as applied in Georgia, a plaintiff cannot recover damages if their own percentage of fault equals or exceeds 50%. This reflects the principle that when a plaintiff is found to be at least as liable as the defendant, they are barred from financial recovery due to their own contributions to the injury or damages suffered.

The rationale behind this rule is to ensure that a party who contributes significantly to the circumstances leading to their own harm cannot shift the responsibility onto another party. In this system, the determination of fault is made on a percentage basis, and once the plaintiff's fault reaches the 50% threshold, they are considered equally responsible, thus negating their claim for damages.

While partial comparative fault allows for recovery in cases where the plaintiff is less than 50% at fault, as the choices reflect, only at this threshold of 50% or greater is recovery precluded entirely. This is an important aspect of tort law in Georgia as it encourages all parties to act responsibly and avoid reckless or negligent behavior that could lead to injury.