1.Finding the correct legalissue

2.Finding the correctrule

3.Analyzingthe issue byapplyingthe rule to the facts

4.Stating aconclusion

Comparative Negligence. After breaking up with Su, Kai found another girlfriend. One day, he went to Pacific Market, an Asian grocery store, to buy ingredients to make Pad Thai for dinner with his new girlfriend. While shopping around, he encountered a tank full of live Dungeness crabs in the corner of the seafood section of the store. The crabs were on sale - 20% off the regular price. Kai thought about buying a few for his family who loved crabs. The employees were busy helping other customers with the fish orders at the counter so he had to wait for his turn. While Kai waited, he realized that about 3-4 crabs on top of the tank were not moving. To verify for himself whether or not they were dead, he stuck his hand in the tank in an attempt to provoke them to move. At first they did not move, so he continued to poke at them with his fingers. One crab suddenly bit his index finger and would not release. Kai's scream caught the attention of the workers. They rushed over and amputated the crab's claw to release Kai's finger. Kai suffered a fractured bone and intense pain. Kai brought a negligence lawsuit against Pacific Market in the state court for not warning him about the crabs and therefore causing him injury. The jury found that Kai was 60% at fault. Discuss whether Kai would be able to recover any damages from this lawsuit if the state follows the pure comparative negligence rule. Also discuss whether he would recover if the state instead has the "50 percent" comparative negligence rule.