What is the default negligence standard applicable under the MBE?

The default negligence standard applicable under the MBE is pure comparative negligence. This standard allows a plaintiff to recover damages even if they are partially at fault for their own injuries. Under pure comparative negligence, the amount of damages awarded to the plaintiff is reduced in proportion to their degree of fault. For example, if a plaintiff is found to be 30% at fault for an accident, they can still recover 70% of the total damages from the defendant.

This standard contrasts with other negligence standards, such as contributory negligence or strict liability. Under contributory negligence, if a plaintiff is found to be even slightly at fault, they may be barred from recovering any damages. Strict liability, on the other hand, imposes liability without regard to fault, typically in cases involving abnormally dangerous activities or defective products. No-fault liability refers to systems where victims receive compensation without proving negligence, often found in specific contexts such as automobile accidents.

Understanding pure comparative negligence is essential for analyzing negligence cases and determining liability and damages, which is why it is the correct answer in this context.