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4 Cards in this Set
- Front
- Back
CONTRIBUTORY NEGLIGENCE |
Conduct on part of plaintiff which is a contributing cause to his/her own injury. (Falls below required standard of care) |
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COMPARATIVE NEGLIGENCE |
Compares the negligence of both parties & apportions the damages accordingly. |
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LAST CLEAR CHANCE (LCC) |
Plaintiff's contributory negligence will not bar him/her from recovery if Defendant has last clear chance to avoid the injury. |
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ASSUMPTION OF THE RISK |
Plaintiff assumes the risk when he/she has knowledge, comprehension, & appreciation of a danger & voluntarily chooses to encounter it. (Subjective - RPT) (Rescuers - does not apply; EXCEPT Firefighter's Rule) |