Defenses to Negligence

Question 1

Defense to Negligence/Contributory Negligent Plaintiff and Comparative Negligence

Answer 1

A contributorily negligent plaintiff may recover a percentage of his damages under pure comparative negligence or partial comparative negligence.

Question 2

Defense to Negligence/Pure Comparative Negligence

Answer 2

Pure comparative negligent states will allow a plaintiff to recover no matter how great his negligence is. [For example, if plaintiff was 90% at fault and defendant was 10% at fault, plaintiff may recover 10%. Also, defendant’s damages will be offset against plaintiff’s damages.]***

Question 3

Defense to Negligence/Partial Comparative Negligence

Answer 3

Partial comparative negligence states will allow plaintiff to recover if plaintiff’s negligence is less than 50% at fault. He will recover the appropriate percentage in damages. If single defendant is more than 50% negligent, he will recover nothing. [Also, defendant’s damages will be offset against plaintiff’s damages.]

Question 4

Defense to Negligence/Joint and Several Liability

Answer 4

Under joint and several liability, when multiple defendants are negligent, plaintiff may recover the total percentage amount of the defendants’ negligence from either defendant.

Question 5

Defense to Negligence/Traditional Contributory Negligence

Answer 5

Under traditional contributory negligence, a plaintiff is completely barred from recovery unless defendant had the last clear chance to avoid the accident causing the injury but fail to do so, or defendant’s actions was reckless and wanton.

Question 6

Defense to Negligence/Impute Contributory Negligence

Answer 6

Contributory negligence is not imputed to a child.