Defenses to Negligence

Question 1

Contributory Negligence

Answer 1

Exists where the plaintiff’s negligence contributed to the harm and is a complete bar to recovery.

However, the plaintiff may invoke the last clear chance doctrine to avoid a finding of contributory negligence.

Question 2

Comparative Fault

Answer 2

Reduces the recovery by a percentage attributable to the plaintiff’s fault.

Question 3

Assumption of Risk

Answer 3

Plaintiff is denied recovery if he or she knows of the risk and voluntarily assumes it.

Question 4

Emergency

Answer 4

So long as defendant did not create the emergency, the duty is to act as a reasonable person would under the same emergency.