9 Affirmative Defenses Flashcards
1
Q
How does a D assert Comparative Negligence?
A
The D offers evidence that the P did not exercise adequate care for his own safety
2
Q
Adequate Care
A
Reasonable care for your own safety
3
Q
What is the D successfully asserts that P failed to use reasonable care?
A
If D offers evidence that P failed to use reasonable care for his own safety, the jury is tasked with assigning each a percentage, and the P’s recovery is reduced by the P’s percentage of fault.
4
Q
Modified or Partial Comparative negligence
A
P’s fault over 50% is an absolute bar to recovery
5
Q
Where is Modified or Partial Comparative negligence used?
A
Only used in certain states (Not NY)
