What happens if a plaintiff's negligence is greater than the defendant's?

Prepare for the Missouri Surplus Lines Exam. Utilize flashcards and multiple-choice questions, each with helpful hints and detailed explanations. Ace your exam with confidence!

In a negligence case, if the plaintiff's negligence is found to be greater than the defendant's, the typical outcome is that the plaintiff will receive nothing. This is based on the principle of comparative negligence, which holds that if a plaintiff is found to be more responsible for the accident or harm than the defendant, they cannot recover damages.

This standard is especially relevant in Missouri, where the state follows a "modified comparative fault" rule. Under this rule, if the plaintiff's level of fault exceeds that of the defendant (usually defined as being greater than 50%), the plaintiff is barred from receiving any damages. Essentially, the law operates on the premise that parties must take responsibility for their respective levels of negligence, and a plaintiff who is more at fault than the defendant forfeits their right to compensation.

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