Defenses to Negligence Flashcards
1
Q
Plaintiff Conduct
A
Contributory negligence
no-fault
Common law
Comparative
2
Q
Pure Comparative
A
damages are reduced by P negligence
3
Q
Mod Comparative
A
Only recover if P negligence doesn’t exceed (50%) rule or is less than (49% rule) D negligence
4
Q
Assumption of risk
A
Actual knowledge, appreciation of magnitude, voluntary encountering
5
Q
Statute of limitation
A
Discovers or should have discovered injury
6
Q
Immunities
A
Family - immune from neg supervision
Charity - liable
Gov - immune