Defenses and Limits to Abnormally Dangerous Activity Liability - Mar. 20

Question 1

Is assumption of risk recognized as a defense to ADA liability? (Feldman)

Answer 1

Yes.

Question 2

Is ordinary contributory negligence—inadvertently and carelessly exposing oneself to an abnormally dangerous risk recognized as a defense ADA liability? (Feldman)

Answer 2

No.

Question 3

Is contributory negligence in “in knowingly and unreasonably subjecting [one] self to the risk of harm from the [abnormally dangerous] activity” a defense? (Feldman)

Answer 3

No.

Question 4

What does assumption of risk require to be recognized as a defense to ADA liability? (Feldman)

Answer 4

Assumption of the risk requires that the exposure be knowing and voluntary – i.e., knowledge of the existence of the risk and a reasonable alternative to
accepting the risk. knowing contributory negligence requires that the exposure be knowing and unreasonable.

Question 5

What does knowing contributory negligence require to be recognized as a defense to ADA liability? (Feldman)

Answer 5

Knowing contributory negligence requires that the exposure be knowing and unreasonable.

Question 6

What relevant factors play in to ADA liability considerations? (Feldman)