P&CTexasmedium
Texas follows modified comparative negligence with a 51% bar rule. A plaintiff is found 40% at fault for an accident; total damages are $100,000. What is the plaintiff entitled to recover?
A$0 — plaintiff is barred because they are partly at fault under contributory negligence
B$100,000 — plaintiff recovers all damages because their fault is under 50%
$60,000 — plaintiff recovers damages reduced by their percentage of fault
D$0 — plaintiff is barred because they exceed the 50% threshold
Why this is the answer
Under Texas modified comparative negligence (Tex. Civ. Prac. & Rem. Code §33.001), a plaintiff is barred from recovery only if their fault equals or exceeds 51%. If below that threshold, they recover damages reduced proportionally by their fault percentage. Here: 40% plaintiff fault < 51% bar, so plaintiff is not barred. Recovery = $100,000 x (1 - 0.40) = $60,000. Pure contributory negligence (option A) — used in a small minority of states — would bar any recovery regardless of percentage. TX does not use contributory negligence.
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