Defenses to Negligence Flashcards
What is Contributory Negligence?
Contributory negligence is negligence by the plaintiff that contributes to his injuries and is a complete bar to recovery—most jurisdictions have abolished it.
In rebuttal to contributory negligence, a plaintiff may argue the defendant is still liable because he had the last clear chance to avoid an accident and failed to do so.
What is Comparative Negligence?
In comparative negligence jurisdictions, the trier of fact weighs the plaintiff’s negligence and reduces damages accordingly.
Pure: Plaintiff’s recovery is reduced by the percentage attributable to his fault.
Partial: Recovery is barred if the plaintiff’s fault exceeds 50%.
What is Assumption of the Risk?
A plaintiff cannot recovery if he knew of the risk and voluntarily assumed it.
