In pure comparative negligence, a plaintiff may recover even when what occurs?

• A. The plaintiff is more at fault than the defendant.
• B. The defendant is completely at fault.
• C. A party who is not negligent cannot recover.
• D. Comparative negligence bars all recovery if any fault is proven.

Answer: (A)

Pure comparative negligence allows a plaintiff to recover damages in proportion to fault, even if the plaintiff bears more fault than the defendant. So, recovery is possible when the plaintiff is more at fault than the defendant (for example, 70% fault plaintiff, 30% fault defendant still yields 30% of the damages recovered). This distinguishes it from other rules that bar recovery when the plaintiff has any fault or require the defendant to be entirely at fault. The other statements describe scenarios outside the defining feature of pure comparative negligence, such as recovering only if the defendant is completely at fault or recovering nothing if any fault is shown.