Defenses to Negligence Quiz

Questions and Answers

Which of the following are defenses to negligence? (Select all that apply)

Comparative Negligence (correct)

Contributory Negligence (correct)

Assumption of the Risk (correct)

Negligent Infliction

What is Contributory Negligence?

Plaintiff's failure to use the relevant degree of care for his or her own safety

If contributory negligence is found, can the plaintiff recover?

False

What is 'last clear chance' regarding contributory negligence?

If defendant had the last clear chance to avoid the accident Signup and view all the answers

What is Assumption of the Risk?

Plaintiff assumes risk of an action Signup and view all the answers

What are the two kinds of Assumption of the Risk?

Express Assumption of the Risk and Implied Assumption of the Risk Signup and view all the answers

If Assumption of the Risk is found, will the plaintiff recover?

False Signup and view all the answers

What is the test for Implied Assumption of the Risk?

Plaintiff must have knowledge of the risk and encounter with the risk is voluntary Signup and view all the answers

What are two situations that destroy the voluntariness requirement of Implied Assumption of the Risk?

There is no alternative situation or it's an emergency situation Signup and view all the answers

What is Comparative Negligence?

Plaintiff was somewhat negligent but can still recover something Signup and view all the answers

What are the two types of Comparative Negligence?

Pure Comparative Negligence and Modified (Partial) Comparative Negligence Signup and view all the answers

If a jury finds the plaintiff 70% at fault and the defendant 30%, what are the outcomes under both types of Comparative Negligence?

Pure Comparative Negligence: Plaintiff recovers 30%; Modified Contributory Negligence: Plaintiff recovers 0% Signup and view all the answers

In jurisdictions with Comparative Negligence, does it replace other defenses?

True Signup and view all the answers

In partial comparative negligence jurisdictions, with many defendants, how is the plaintiff's negligence compared?

With the total negligence of all of the defendants combined Signup and view all the answers

Can the plaintiff employ the last clear chance doctrine if the defendant's negligence occurred prior to the accident?

False Signup and view all the answers

Under what condition will the defendant be liable if the plaintiff has placed himself in inattentive peril?

If she actually knows of the plaintiff's predicament Signup and view all the answers

What situation requires consideration of the reasonableness of the plaintiff's conduct in comparative negligence jurisdictions?

When the defendant's initial breach of duty is superseded by the plaintiff's assumption of a risk Signup and view all the answers

What is the collateral source rule?

Damages recouped from insurance or other sources may still be recovered by the plaintiff in a negligence action Signup and view all the answers

Study Notes

Defenses to Negligence

Three main defenses: Contributory Negligence, Assumption of the Risk, Comparative Negligence.

Contributory Negligence

Defined as the plaintiff's failure to exercise reasonable care for personal safety.
A complete bar to recovery for the plaintiff if found contributory negligent.
"Last clear chance" doctrine applies if the defendant had an opportunity to avoid the accident after the plaintiff's negligence.

Assumption of the Risk

Occurs when the plaintiff voluntarily accepts the risks associated with an activity.
Two types:
- Express Assumption: clear acceptance of risk via words (e.g., "I'll take my chances").
- Implied Assumption: inferred from actions and circumstances.
If assumption of risk is established, recovery is completely barred unless it violates public policy (e.g., waivers for negligent medical care).

Implied Assumption of the Risk

Test includes:
- Plaintiff must know of the risk.
- Encountering the risk must be voluntary.
Situations that negate voluntariness:
- No alternative available.
- Involvement in an emergency situation.

Comparative Negligence

Allows for some recovery if the plaintiff is partly negligent, differentiating from total bar in contributory negligence.
Two types:
- Pure Comparative Negligence: plaintiff recovers a percentage regardless of higher fault.
- Modified (Partial) Comparative Negligence: recovery until plaintiff is over 50% responsible, then barred.

Recovery Examples

In a scenario where the plaintiff is found 70% at fault:
- Pure Comparative Negligence allows for 30% recovery.
- Modified Comparative Negligence results in no recovery.

Interaction with Other Defenses

Comparative Negligence replaces Contributory Negligence and Implied Assumption of Risk but does not affect Express Assumption of the Risk.

Multiple Defendants Scenario

In partial comparative negligence jurisdictions, the plaintiff’s negligence is assessed against the total negligence of all defendants collectively.

Last Clear Chance Doctrine

Inapplicable if the defendant's negligence occurred prior to the accident.

Liability in Inattentive Peril

Defendant may be liable if aware of the plaintiff's inattentive peril from which the plaintiff could escape.

Reasonableness of Plaintiff's Conduct

Evaluated when plaintiff's assumption of risk supersedes the defendant's initial negligence.

Collateral Source Rule

Generally allows plaintiffs to recover damages from insurance or other sources even if compensated, though some states may modify this rule by statute.

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Description

Test your understanding of the main defenses to negligence, including Contributory Negligence, Assumption of the Risk, and Comparative Negligence. This quiz will help you navigate complex legal concepts and their applications in personal injury law.