NEGLIGENCE - DEFENSES

What are the four elements that a plaintiff must prove to win a negligence claim?

• Duty

• Breach

• Causation

• Damages

• None of these

Which of the four elements of a negligence claim are we learning in this unit?

• Duty

• Breach

• Causation

• Damages

• None of these

True or False: Under contributory negligence, if a plaintiff is even just little bit negligent, they can't recover anything from the defendant.

• True

• False

True or False: Under comparative fault, if a plaintiff is even just little bit negligent, they can't recover anything from the defendant.

• True

• False

True or False: The same “reasonable person” analysis applies to determine whether the plaintiff or the defendant is negligent.

• True

• False

True or False: The same factors that are used to determine whether the defendant acted like a reasonable person would, also determine whether the plaintiff acted like a reasonable person would.

• True

• False

True or False: For comparative fault, there isn’t much difference between “greater than” states and “less than than” states.

• True

• False

True or False: Under “pure comparative fault” - the plaintiff recovers regardless of their fault, but their recovery is reduced by the percentage of fault.

• True

• False

True or False. Under contributory negligence, if the plaintiff is negligent, they can’t recover anything from a defendant that commits an intentional tort (like battery).

• True

• False

True or False. Kansas follows the "greater than" rule for comparative fault.

• True

• False