Negligence - Defenses

Which element of a negligence claim did we learn about in this unit.

• Duty

• Breach

• Causation

• Damages

• None of these

Answer explanation

Defenses are not an element for the plaintiff to prove, the defendant proves them to reduce or eliminate the plaintiff's recovery

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

• True

• False

Answer explanation

That's true about contributory negligence, not comparative fault.

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 mental capacity of the DEFENDANT is considered when deciding whether they are negligent.

• True

• False

Answer explanation

Remember this from the duty unit? Jurors can consider the physical characteristics, but not the mental characteristics of the defendant.

True or False. The mental capacity of the PLAINTIFF is considered when deciding whether they are negligent.

• True

• False

Answer explanation

Remember this from the duty unit? Jurors can consider the mental characteristics of the plainitiff, but not the mental characteristics of the defendant.

True or False: For comparative fault, it rarely matters whether you are in a “greater than” state or a “less than than” state.

• True

• False

Answer explanation

Remember the 50 - 50 split the baby?

True or False: Under contributory negligence, the plaintiff recovers regardless of their fault, but their recovery is reduced by the percentage of fault.

• True

• False

Answer explanation

If the plaintiff's negligence contributes to the injury at all, they can't recover anything.

Is contributory negligence a defense to itentional torts?

• Yes

• No

• Maybe

Answer explanation

Neither comparative fault or contributory negligence are defenses to intentional torts.

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

• True

• False

Answer explanation

Kansas follows the "less than" rule.

Which of these happen at trial when some defendants settle and some don't:

• Jurors decide a percentage of fault for the plaintiff

• Jurors decide a percentage of fault for the defendants that settle

• Jurors decide a percentage of fault for the defendants that don't settle

• Defendants that don't settle can point at the "empty chair"

• The jury verdict is reduced by the amount of the verdict

Answer explanation

This is from the Glenn v. Flemming case.