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Negligence

Negligence. Defenses to Negligence Suits. How many of the four elements of negligence must be proven in order to recover damages? What standard of proof must be used to prove these elements?. Defenses to Negligence Suits.

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Negligence

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  1. Negligence

  2. Defenses to Negligence Suits • How many of the four elements of negligence must be proven in order to recover damages? • What standard of proof must be used to prove these elements?

  3. Defenses to Negligence Suits • Contributory negligence: A legal defense in which it is determined that the plaintiff and defendant share the fault for a negligence tort. • Ice Time: What is the problem with this legal defense? • Most states have eliminated this defense.

  4. Defenses to Negligence Suits • Comparative negligence: A finding that that the plaintiff was partly at fault and therefore, does not deserve full compensation for his/her injuries. For example, if an accident was 40% the plaintiff’s fault, the plaintiff’s damages are reduced by 40%. • If the plaintiff is more than 50% at fault the defendant may countersue the defendant. This action is called a counterclaim. • Does this always involve individuals?

  5. Defenses to Negligence Suits • Assumption of Risk: A legal defense to a negligence tort, whereby the plaintiff is considered to have voluntarily accepted a known risk of danger. • Ice time: where and when would this occur/happen?

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