Defenses to Negligence

Question 1

Contributory Negligence

Answer 1

Plaintiff negligence to self creates an absolute bar on Plaintiff’s claim except if (1) Defendant knew of Plaintiff’s disability which prevents or inhibits Plaintiff’s care for himself and (2) Plaintiff’s risky conduct endangers himself but not others.

Question 2

Pure Comparative Fault

Answer 2

Plaintiff’s negligence will diminish damages by the proportion attributed to Plaintiff’s negligence.

Question 3

Modified Comparative Fault (51%)

Answer 3

Plaintiff barred only if Plaintiff’s negligence was greater than Defendant’s negligence (51% bar)

Question 4

Modified Comparative Fault (50%)

Answer 4

Plaintiff barred only if his negligence is greater than or equal to Defendant’s negligence.

Question 5

Unit Rule

Answer 5

If multiple Defendant’s, combine their total comparative fault.