Causation, Damages, Defenses

Question 1

VA Contributory Negligence Rule

Answer 1

Any showing of plaintiff fault bars recovery

Question 2

VA Last Clear Chance Doctrine: Definition

Answer 2

• May be invoked by P to counter accusation of contributory negligence
• P may attempt to erase consequences of contributory fault

Question 3

VA Last Clear Chance Doctrine: 2 Types of Defendants

Answer 3

1) helpless plaintiff

2) inattentive plaintiff

Question 4

VA Last Clear Chance Doctrine: Helpless Plaintiff

Answer 4

Someone who negligently placed themselves in a position of peril and is physically unable to remove themselves from their position.

Question 5

Helpless Plaintiff: Elements

Answer 5

The defendant is liable if:

1) They saw the plaintiff or would have seen the plaintiff if they had used reasonable care, and
2) There was something the defendant could have reasonably done to avoid it

Question 6

VA Last Clear Chance Doctrine: Inattentive Plaintiff

Answer 6

Someone who has negligently placed themselves in a dangerous situation from which they could have removed themselves, but they are unaware of their peril.

Question 7

Inattentive Plaintiff: Elements

Answer 7

To be liable, the defendant had to have:

1) Seen the plaintiff, or
2) Realized/should have realized the plaintiff was in peril,
3) In time to avert the situation.