Which type of negligence allows recovery of damages only if the plaintiff is not at fault?

Prepare for the Personal Lines Insurance Exam with top quizzes. Use multiple choice questions, complete with hints and explanations, to get ready for your test.

The correct choice refers to contributory negligence, which is a legal doctrine that prevents a plaintiff from recovering any damages if they are found to be at fault to any degree for the incident that caused their injuries. In jurisdictions that apply this principle, even a small amount of fault on the part of the plaintiff can bar them from receiving any compensation. This strict rule highlights the expectation for individuals to maintain a reasonable standard of care for their own safety and seek full accountability for their actions.

In contrast, other forms of negligence, such as comparative negligence or pure negligence, allow for some recovery as long as the plaintiff's fault does not exceed a certain threshold or proportionately diminishes their damages based on their degree of fault. Modified negligence systems permit recovery only if the plaintiff's fault is below a specific percentage, while pure comparative negligence allows the plaintiff to recover damages regardless of their level of fault, although the recovery amount is reduced by their percentage of fault. Thus, contributory negligence is distinct for its stringent "all-or-nothing" standard, requiring that the plaintiff be entirely free of fault to recover damages.

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