Defenses to Negligence claims (Contributory Negligence)

Question 1

Trespasser rule

Answer 1

If and when the trespasser is discovered ordinary care is required by the land owner or occupier

Question 2

Reasonable care to all entrants on the land

Answer 2

whether the defendant acted reasonably given the circumstances

Question 3

Butterfield vs. Forester

Answer 3

When a plaintiff fails to use due care, they can be contributorily negligent to the damages they received. Almost all states have gotten rid of contributory negligence as a complete defense because the all-or-nothing approach does not deter negligence.

Question 4

A person is only contributorily negligent to foreseeable risks that are caused by not practicing

Question 5

Modified “P’s neglisgence is less than approach”

Answer 5

If the plaintiff’s negligence is less than fifty percent, they can recover the remaining percentage of damages

Question 6

Modified Plaintiff’s “negligence not greater than approach”

Answer 6

The negligence is less than or equal to fifty percent, they can recover the remaining percentage of damages

Question 7

How should jury instructions be drafted?

Answer 7

The jury should consider relative culpability and causative potency. AKA compare the breaches and decide which breach is closer to the cause of damage or more egregious than what the reasonable prudent person would do.

Question 8

Georgia has the modified plaintiff was less negligent than the defendant’s approach

Question 9

Joint and severed liability

Answer 9

plaintiff can only get one recovery source and then the defendant can

Question 10

If plaintiff is assigned 49% or less of the damages, each defendant then gets to split damages. If someone is bankrupt,