If defendants violated causes plaintiff to suffer from the type of harm that

If defendants violated causes plaintiff to suffer

This preview shows page 157 - 160 out of 169 pages.

If defendants violated causes plaintiff to suffer from the type of harm that the statute intends to prevent – the violation is deemed negligence per se. o Plaintiff DOES NOT have to show that a reasonable person would exercise a certain duty of care toward the plaintiff – instead: Plaintiff can offer evidence of the defendant’s violation of the statute to establish proof of negligence. ° ° Special Plaintiff’s Doctrines and Statutes
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Dram Shop Acts o Allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar ° ° Defenses to Negligence Courts can permit certain defenses that relive the defendant from liability even when the plaintiff has proved all 4 elements of negligence through: o Contributory Negligence o Comparative Negligence o Assumption of the Risk o Other Special Negligence Defenses 1. Contributory Negligence: o Once available in all states – now replaced in some by Defense of Comparative Negligence o Applies when defendant and plaintiff were both negligent o Defendant needs to prove: 1. Plaintiffs conduct fell below the standard of care needed to prevent unreasonable risk of harm 2. The plaintiffs failure was a contributing cause to the plaintiff’s injury Ex. If a plaintiff in a car failed to use her seat belt, the failutre constitutes contributory negligence because her actions contribute dot her injuries. o If defendant proves Contributory Negligence: No matter how slight the plaintiff’s negligence – they will be denied any recovery of damages Many states have adopted “Last-Clear-Chance-Doctrine” because of unfairness of rule: Last Clear Chance Doctrine: Doctrine allows the plaintiff to recover damages despite proof of contributory negligence as logn as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.
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o LEGAL PRINCIPLE : If the court finds that: 1. The plaintiff’s conduct fell below the standard of care needed to prevent unreasonable risk of harm and 2. The plaintiffs failure was a contributing cause of the plaintiff injury, the defendant will not be liable for the plaintiff’s injuries unless the plaintiff can prove that the defendant had the last opportunity to avoid the accident. 2. Comparative Negligence: o Last-Clear-Chance Doctrine creates a lot of opportunity for careless defendants can cause a great deal of harm to plaintiffs who will have a difficult recovery due to minimal contributory negligence rewards o Most states have replaced Contributory Negligence with either: Pure Comparative Negligence Modified Comparative Negligence o 1 . Pure Comparative Negligence : The court determines the percentages of fault of the defendant. Defendant is liable for percentages of the plaintiff’s damages o 2 . Modified Comparative Negligence: Courts calculate damages in the same manner as pure comparative negligence Except that the defendant must be more than 50% at fault before the plaintiff can recover.
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