Defenses

Question 1

Contributory Negligence

Answer 1

Plaintiff fails to use relevant standard of care to protect self from foreseeable risks of harm

• traditional = total bar to recovery

Question 2

Assumption of Risk

Answer 2

Plaintiff knew of the risk and voluntarily assumed it

• traditional = total bar to recovery

If no feasible option to do otherwise, not voluntary

Question 3

Partial Comparative Negligence

Answer 3

Plaintiff can recover only if less at fault than defendant

• plaintiff’s recovery reduced by plaintiff’s % of fault

Question 4

Pure Comparative Negligence

Answer 4

Plaintiff can recover regardless of % of fault

• plaintiff’s recovery reduced by plaintiff’s % of fault

Always apply unless stated otherwise