Negligence Defenses

Question 1

pure comparative negligence

Answer 1

Ps negligence (or assumption of risk) will reduce his recoverable damages by the percentage of his own fault

comparing the negligences- compare you to me and we pay our share

Question 2

partial comparative negligence (modern)

Answer 2

if P is 50% or more at fault, then Ps claim is barred
-if P is less than 50% at fault, then damages are reduced by percentage of his own fault

halfway(partial) comparison. If more than halfway, recovery barred

Question 3

contributory negligence

Answer 3

Ps claim is barred if he contributed to his injury UNLESS
1) D had last opportunity to avoid accident
2) D was reckless

ex- texting and driving–>guy who is hit is 3% responsible but facts say defendant could have swerved out of the way and did not, then P can still recover under contributory negligence

Question 4

assumption of risk

Answer 4

defense to negligence and applies only if
1) D had knowledge and
2) appreciated teh danger and proceeded anyway

voluntraily assumed known risk

Question 5

joint and several liability

Answer 5

2 or more people cause a single accidedent
all defendantrs are jointly and severally liable for all damages
-means plaintiff can choose 1 person to recoer full amount of damages from

Question 6

contribution

Answer 6

D may seek contribution from other Ds is he pays mroe than his share of liability
-amount recoverable from each D is baed on each Ds % of fault