Defenses (torts) Flashcards
There are several _ that may be risen in regards to a tort claim
Affirmative defenses
An affirmative defense is a defense that may be raised by a defendant that constitutes a _
Complete bar to a claim
One affirmative defense is that of _
Statute of limitations
Every state has statute of limitations for virtually any type of _
Civil claim
If claim not asserted within time allowed by that _ , claim is deemed to be barred
Statute
Assertion of a claim is accomplished in most states by actually filing a lawsuit at a _
Courthouse
(Statute time starts)
some states require actual _ upon defendant before statute clock starts ticking
Service of the suit papers
Another defense that may be asserted in tort case is _
Assumption of the risk
Assumption of risk arises when plaintiff understands nature of risk involved and _
Voluntarily assumes risk
Voluntarily walking on _ while aware of risk
Icy side walk