Negligence

Question 1

Unless told otherwise, compensation for a negligence action applies the following rules:

Answer 1

Pure comparative negligence.
Joint and several liability.

Question 2

Custodians and duty of care in a special relationship:

Answer 2

Custodians owe
1. a duty to use reasonable care to mitigate
2. any foreseeable risks of harm that those persons pose to others

Question 3

When will negligence per se not apply?

Answer 3

If the violation was reasonable in light of the defendant’s childhood, physical disability, or physical incapacitation.

Question 4

What are, generally, certain situations where the plaintiff does not voluntarily assume the risk?

Answer 4

Fraud, duress, force, or emergencies.