1-22-08 - • Defendant has to pay to the degree he...

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Negligence Duty- established by custom or statute Breach of Duty- acting or failing to act whenever doing so involves an unreasonable risk of harm to others. Injury- an actual physical harm or financial loss imposed on the victim Proximate Cause- proof that the risk of injury was foreseeable and avoidable. ( All 4 must be proven to be considered negligence) Affirmative Defenses Contributory Negligence- unreasonably acting or failing to act in a way that unreasonably exposes one’s own self to injury Assumption of Risk- a voluntary encounter with a known risk by the plaintiff when he knows and appreciates Common Law Rule Contributory Negligence Comparative Negligence Rule A plaintiff’s damages are reduced by the degree of his own fault
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Unformatted text preview: • Defendant has to pay to the degree he proximately caused the injury • A majority of states have adopted it • If the state has retained `joint and several liability’ then defendants may pay more Modified Comparative Negligence • Actually 2 rules here are named after 2 states • Indiana Rule: Plaintiff will have her recovery reduced by her percentage of fault if she is 50% or less at fault, Plaintiff gets nothing if more than 50%. • Ohio Rule: Plaintiff will have his recovery reduced by his percentage of fault if he is less than 50% at fault, he will get nothing if he is 50% or more at fault....
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