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What does pure comparative negligence allow for the plaintiff in a lawsuit?

  1. To recover damages irrespective of their role in negligence

  2. To recover damages if their fault is less than the defendant's

  3. To recover damages if their fault exceeds the defendant's

  4. To recover damages as long as they are not 100% negligent

The correct answer is: To recover damages as long as they are not 100% negligent

In pure comparative negligence, the plaintiff can recover damages as long as they are not 100% negligent. This means that even if the plaintiff is partially responsible for the accident or injury, they can still receive compensation for their damages. This differs from the other options because in those scenarios, the plaintiff's ability to recover damages is tied to specific conditions such as having less fault than the defendant (option B) or having their fault exceed the defendant's (option C). However, in pure comparative negligence, as long as the plaintiff is not completely at fault, they can still seek damages in the lawsuit.