Flashcards in Part Five.5: Negligence > Defenses to Negligence Deck (7)
In General, what do you need to know as far as defenses to negligence?
1. Contributory Negligence (and last clear chance exception)
2. Assumption of Risk
3. Comparative Negligence
What is the rule regarding "Assumption of Risk"?
P may be denied recovery if she assumed the risk of any damage caused by D's act. (Express or Implied)
P must have:
1. KNOWN the risk; AND
2. VOLUNTARILY PROCEED in the face of the risk
May "assumption of risk" be express or implied?
1. "Express assumption of risk"
2. "Implied assumption of risk" - Knowledge may be IMPLIED where the risk is one that an average person would clearly appreciate
What are the limitations on "Assumption of Risk"?
There is no assumption of risk:
1. if there is no available alternative to proceeding in the fact of the risk, OR
2. in situations involving fraud, force, or an emergency
What are the limitations on "Assumption of Risk" related to common carriers and/or public utilities?
Common carriers and public utilities cannot limit their liability by disclaimer
What are the limitations on "Assumption of Risk" related to members of a protected class?
Members of a class protected by statute will not be deemed to have assumed any risk