Negligence Defenses

DEFENSES TO NEGLIGENCE

CONTRIBUTORY NEGLIGENCE

ASSUMPTION

OF RISK

COMPARATIVE NEGLIGENCE

Standard of Care

Formally Aff. Def.

Express

Inherent hazards, accepted activity

Future Neg.

Some may not be assumed

Common Carriers

Statute

Fraud/force/emergency

Implied

Expressed

Knowledge

Voluntary

Partial

Pure

Allows for any % recovery (MBE)

>50% or =/>50% recovery

Imputed

Last Clear Chance

Effect

No defense to Intentional torts

Avoidable Consequences distinguished