Affirmative defenses that reduce or eliminate the defendant's liability in a negligence action. The primary defenses are contributory negligence (complete bar in some jurisdictions), comparative negligence (reduces damages proportionally), and assumption of risk (plaintiff voluntarily encountered known danger).
Related terms
Contributory Negligence — A complete defense to negligence if plaintiff's own negligence contributed to their injuries. Under pure contributory negligence, even…
Comparative Negligence — A system that apportions fault between plaintiff and defendant. Plaintiff's recovery is reduced by their percentage of fault.…
Assumption of Risk — A defense when plaintiff voluntarily encounters a known risk. Express assumption (contractual waiver) and implied assumption (conduct showing…
Last Clear Chance — Plaintiff who was contributorily negligent can still recover if defendant had last clear chance to avoid harm and…
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