In a modified comparative negligence standard, what happens if a plaintiff is found to be 60% at fault for their injuries?

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In a modified comparative negligence standard, the determination of fault is critical in deciding whether a plaintiff can recover damages for their injuries. If a plaintiff is found to be 60% at fault, they are considered to be more than half responsible for their own injuries. Under this standard, if a plaintiff's degree of fault exceeds 50%, they are barred from recovering any damages. This principle is designed to ensure that individuals who are primarily responsible for their own harm cannot hold others liable.

In contrast, if the plaintiff had been found to be 49% at fault or less, they could recover damages reduced by their percentage of fault. The threshold of over 50% is essential in this comparative negligence framework, making the outcome clear in scenarios where the plaintiff holds the majority of the blame.

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