Under comparative negligence, how is the plaintiff's recovery determined?

• A. The jury assigns a percentage of fault to each party, and the plaintiff's recovery is reduced by their fault
• B. The court automatically disallows any recovery if the plaintiff was speeding
• C. The defendant is liable for all damages regardless of fault
• D. Damages are awarded without considering fault

Answer: (A)

Under comparative negligence, fault is divided among the parties and the plaintiff’s recovery is reduced by the plaintiff’s own share of fault. The court or jury assigns a fault percentage to each party, and the plaintiff’s damages are paid only to the extent that the remaining proportion of fault is allocated to others. Practically, you multiply the total damages by (1 minus the plaintiff’s fault percentage). For example, if total damages are $100,000 and the plaintiff is 30% at fault, the recovery would be $70,000. In Texas, this is typically a modified system with a 51% bar: if the plaintiff is 51% or more at fault, they recover nothing; if less than 51%, they recover a portion proportional to their fault.