Negligence: Defenses to Negligence

Question 1

Contributory Negligence

Answer 1

At common law, plaintiff’s negligence that contributed to his injury was barred from recovery.

Question 2

Last Clear Chance Rule

Answer 2

Defense to contributory negligence, if defendant had last clear chance to avoid harm, contributory negligence on the part of the plaintiff would not bar recovery.

Question 3

Implied Assumption of Risk

Answer 3

Plaintiff knew of a risk of injury and voluntarily assumed it.

Effect: plaintiff’s claim is completely barred

DEFENSE: wanton, willful, reckless tortious conduct.

Question 4

Pure Comparative Negligence

Answer 4

Plaintiff’s own negligence contributes to her injury.

Plaintiff’s damage award reduced by percentage of fault attributed to her.

Question 5

Partial Comparative Negligence

Answer 5

Plaintiff’s own negligence contributes to her injury, Plaintiff’s damage award reduced if her fault is below threshold level; otherwise plaintiff’s claim is barred.