Defenses to Negligence

Question 1

4 Defenses to Negligence

Answer 1

1. Fault of PLNTF (Comparative Responsibility)
2. Public Policy
3. Assumption of Risk
4. Statute of Limitation, Repose, Federal Preemption (Defense not on the Merits)

Question 2

Pure v. Modified Comparative Fault

Answer 2

Pure: The amount of damages recovered shall be reduced in proportion to the culpable conduct of PLNTF.
This is an affirmative defense that must be proved by the party asserting it

Modified: Only if PLNTF’s culpability was not greater than 50% of the total
Some States: Only if PLNTF’s culpability was smaller than a given DEF’s culpability

Question 3

Contributory negligence:

Answer 3

P breaches duty;
his breach concurs/cooperates with D’s negligence to form a proximate cause of the injury.

Contributory negligence must be proved by the party asserting it, and its existence and apportionment is a question of fact.