Contributory Negligence

Question 1

(general rule statement for contributory negligence)
Contributory negligence arises when the conduct of the _____ falls below the ___ to which he should conform for his own protection and which contributed to the ____ negligence to cause the ____ harm.

Answer 1

Contributory negligence arises when the conduct of the plaintiff falls below the standard to which he should conform for his own protection, and which contributes to the defendant’s negligence to cause the plaintiff’s harm.

Question 2

Rule of 7’s

Answer 2

Under 7: no contributory negligence as a matter of law
7-14: presumed incapable of contributory negligence
Over 14: presumed capable of contributory negligence

Question 3

What is the first element for LCCD? (plaintiff___)

Answer 3

Plaintiff placed himself in peril and could not escape

Question 4

What is the second element for LCCD? (defendant saw ___)

Answer 4

Defendat saw the plaintiff was in harms way

Question 5

What is the third element for LCCD? (defendant had___)

Answer 5

The defendant had time and means to avoid injury to the plaintiff

Question 6

What is the fourth element for LCCD? (defendant failed____)

Answer 6

Defendant failed to use every reasonable measure he could to avoid injury to Plaintiff

Question 7

What is the fifth and final element for LCCD? (plaintiff ___)

Answer 7

Plaintiff was injured as a result of Defendant’s failure

Question 8

If a plaintiff answers with the LCCD, but is unsuccessful, what happens next?

Answer 8

The plaintiff is contributorily negligent and recovery is barred