Tort Class defense to negligence

Question 1

Impleader

Answer 1

a third party claim; the defendant directs the blame to a different person (a new defendant); will still be the same lawsuit

Question 2

SODDI defense

Answer 2

must prove that defendant 2 is also liable (through the steps of negligence)

Question 3

Contributory Negligence

Answer 3

the plaintiffs own negligence that contributed to to his or her own injuries

Question 4

Contributory Negligence under common law

Answer 4

if the plaintiff was negligent even a small amount, then there is no recovery at all

Question 5

Last Clear Chance

Answer 5

A plaintiffs defense to Contributory Negligence; the defendant had the last opportunity to avert harm, but because of the defendant’s negligence, they failed to take advantage of this “last clear chance” to avoid hurting the plaintiff
- if proven, the plaintiff covers 100%

Question 6

Comparative Negligence

Answer 6

law in most states including AR

• Plaintiff recovers for only the percentage in which the defendant caused
• AR in cases of 50% 50% no recovery; the defendant must be MORE at fault than the plaintiff (technically the defendant wins)

Question 7

Assumption of the Risk

Answer 7

1. knowing and willfully exposing yourself to the possibility of harm (voluntary)
2. with a full appreciation of the dangers involved in facing the risk
   * an absolute or total defense if the defendant is successful

Question 8

Statutes of limitation

Answer 8

• a law passed by a legislature
• the amount of time given to file a lawsuit from the time the negligence occurred
• or starts from the moment you know you are hurt (special situations)
• if the statues of limitation has passed, it is a complete defense

Question 9

Elements of Contributory Negligence

Answer 9

1. the plaintiff owes a duty of reasonable care to him or herself
2. the plaintiff breached that duty
3. the plaintiff’s actions (failure to act) contributed to his or her injuries (cause in fact & proximate cause)
4. resulted in injuries to the plaintiff

Question 10

Elements of Comparative Negligence

Answer 10

1. the plaintiff was negligent in contribution to their own injury
2. calculation of the percentage of the plaintiff’s negligence that contributed to his or her injuries
3. calculation of the percentage of the defendant’s negligence
4. and in some jurisdiction; the defendant must have been more negligent than the plaintiff