Defenses to Negligence

Question 1

Contributory Negligence

Answer 1

A complete bar to recovery if plaintiff is even 1% at fault

Question 2

Last Clear Chance (Contributory Negligence Exception)

Answer 2

A plaintiff can recover if the defendant (1) had the last clear chance to avoid the plaintiffs injury but (2) failed to use reasonable care to do so

Question 3

Pure Comparative Negligence

Answer 3

Plaintiff, despite negligence, will still recover but their damages will be reduced by their percentage of fault

Question 4

Modified/Comparative Negligence

Answer 4

Plaintiff cannot recover if they are more than 50% responsible

Question 5

Assumption of the Risk

Answer 5

Plaintiff must have knowledge and appreciation of the danger but proceed anyway

Question 6

Joint and Several Liability

Answer 6

Two or more defendants cause a single accident but percentage of fault of each defendant is unknown – plaintiff can recover all damages from ONE defendant

Question 7

Vicarious Liability of Independent Contractor

Answer 7

Person who hired independent contractor is not liable for negligence acts UNLESS (1) contractor is doing something abnormally dangerous OR (2) involves a non-delegable duty

Question 8

Vicarious Liability of Employer

Answer 8

Employers are liable for negligent acts of their employees if the employee was acting in the scope of their employment

Question 9

Contribution

Answer 9

D who pays more than her share of damages under joint and several liability can assert a claim against jointly liable parties for the excess paid

Question 10

Indemnity

Answer 10

Involves shifting the entire loss between or amongst D’s