Defenses/Immunities (3)

Defenses/Immunities (3)

1. Comparative Fault

   • 51% Rule
     • If the π fault is 51% and ∆ fault is 49%, the π recovery of damages is bared.
   • 49% Rule
     • Equal fault 50/50 π loses and can not recover damages.
   • Pure Fault
     • If π fault is 95% at fault the π can recover 1%
   • Knowledge of the Risk
   • Assuming the Risk
   • Probability of Risk to π
   • Gravity of Harm
   • Number of People at Risk
   • Goal of π Conduct
   • Capacity of π
   • Emergency
   • Proximity of Harm

2. Contributory Negligence

3. Assumption of Risk

   • The π fully understands the risk of harm.
   • Express
   • Implied
   • Primary