Defenses

Question 1

Contributory negligence

Answer 1

A plaintiff is also required to act reasonably to prevent her own injuries. Contributory negligence will bar the plaintiff from recovery if the defendant can demonstrate that the plaintiff failed to live up to her own standard of care.

Question 2

Assumption of risk

Answer 2

plaintiff is similarly barred from recovering if the defendant can demonstrate that the plaintiff subjectively knew of the risk and proceeded anyway, despite that knowledge.

Question 3

Comparative negligence

Answer 3

jurisdictions have abandoned the harsh results of contributory negligence and assumption of the risk in favor of a comparative negligence regime. Under comparative negligence, if the jury finds that the plaintiff was at fault in causing her injuries, the jury will assign a percentage of fault to the plaintiff and her recovery will be reduced proportionately to her percentage of fault. Under pure comparative negligence, a plaintiff will still be able to recover some damages, so long as the defendant is also negligent, regardless of the percentage of fault assigned to her by the jury. Under partial comparative negligence, when the plaintiff’s degree of fault exceeds a certain amount, (usually 51%), she will be barred from recovering.