Defenses to a Negligence Action

The video tutorial covers three legal doctrines: contributory negligence, comparative negligence, and assumption of risk. Contributory negligence prevents a plaintiff from recovering damages if they are even slightly negligent. Comparative negligence allows for damage recovery based on the degree of negligence. Assumption of risk blocks recovery if the plaintiff knowingly assumed the risk, with exceptions for those lacking mental capacity.

What is the main consequence of contributory negligence for a plaintiff?

• The plaintiff can recover damages proportional to their level of negligence.

• The plaintiff can only recover damages if they are more negligent than the defendant.

• The plaintiff cannot recover any damages if they are even slightly negligent.

• The plaintiff can recover full damages regardless of their own negligence.

In comparative negligence, what happens if the plaintiff is 49% negligent and the defendant is 51% negligent?

• The plaintiff cannot recover any damages.

• The plaintiff can recover full damages.

• The plaintiff can recover damages reduced by their percentage of negligence.

• The plaintiff must pay damages to the defendant.

How are damages calculated in a comparative negligence case?

• By multiplying the total damages by the defendant's negligence percentage.

• By dividing the total damages equally between both parties.

• By subtracting the plaintiff's negligence percentage from the total damages.

• By awarding full damages to the less negligent party.

What is a key factor in the assumption of risk defense?

• The plaintiff was unaware of the risk.

• The plaintiff was forced into the risky situation.

• The plaintiff knowingly and voluntarily accepted the risk.

• The risk was not clearly communicated to the plaintiff.

Why might assumption of risk not be a valid defense for children?

• Children cannot legally enter risky situations.

• Children are always protected by contributory negligence.

• Children are always considered negligent.

• Children cannot fully understand and appreciate risks.