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7 Cards in this Set
- Front
- Back
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Defenses
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The defenses to negligence are (1) Contributory Negligence, (2) Comparative Negligence, AND (3) Assumption of Risk.
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Defenses, None Apply
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All of the defenses to negligence (contributory negligence, comparative negligence and assumption of risk) require some degree of fault on the part of plaintiff. Here, plaintiff was XXX, and did not contribute to his/her injuries; therefore no defenses apply.
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Defenses, Contributory Negligence
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Contributory negligence is negligence on the part of the plaintiff that contributes to her injuries.
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Defenses, Comparative Negligence
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The majority of states have adopted pure comparative negligence, while some have adopted partial or modified comparative negligence.
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Defenses, Comparative Negligence, Pure
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States that have adopted pure comparative negligence allow recovery no matter how great the plaintiff’s negligence was.
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Defenses, Comparative Negligence, Partial/Modified
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States that have adopted pure comparative negligence allow recovery ONLY IF the plaintiff’s negligence was less that the defendant’s.
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Defenses, Assumption of Risk
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A plaintiff may be denied recovery if she assumed the risk of any damaged caused by defendant’s act. Plaintiff must have known of the risk and voluntarily proceeded in the face of the risk.
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