Torts Flashcards
1
Q
Assumption of the risk
A
A plaintiff will be denied recovery for negligence if he either implicitly or explicitly knew of the risk of injury and voluntarily proceeded in the face of the risk. Not a valid defense in a claim of negligence per se.
2
Q
Negligence per se
A
For a statutory standard of care to be applied, the plaintiff must show that (i) he is within the class of persons intended to be protected (ii) type of harm intended to protect
