9 Affirmative Defenses Flashcards Preview

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Flashcards in 9 Affirmative Defenses Deck (5)
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1

How does a D assert Comparative Negligence?

The D offers evidence that the P did not exercise adequate care for his own safety

2

Adequate Care

Reasonable care for your own safety

3

What is the D successfully asserts that P failed to use reasonable care?

If D offers evidence that P failed to use reasonable care for his own safety, the jury is tasked with assigning each a percentage, and the P’s recovery is reduced by the P’s percentage of fault.

4

Modified or Partial Comparative negligence

P’s fault over 50% is an absolute bar to recovery

5

Where is Modified or Partial Comparative negligence used?

Only used in certain states (Not NY)