Torts

Lesson 15: Defenses to Negligence

In the realm of torts law, negligence is a common claim. However, defendants can assert several defenses to avoid liability for negligence. This lesson explores those defenses to equip you with a comprehensive understanding of how negligence claims can be contested.

1. Contributory Negligence

Contributory negligence occurs when the plaintiff's own negligence contributed to the harm suffered. In jurisdictions following this doctrine, if the plaintiff is found to be even slightly at fault, they may be barred from recovering any damages.

Note: Only a few jurisdictions still apply the strict rule of contributory negligence.

2. Comparative Negligence

Comparative negligence, on the other hand, reduces the plaintiff's recovery by the percentage of their fault. There are two types:

Pure comparative negligence
Modified comparative negligence

In pure comparative negligence, the plaintiff can recover damages even if they are 99% at fault, but their recovery is reduced by their percentage of fault. In modified comparative negligence, the plaintiff can only recover if they are less than 50% or 51% at fault, depending on the jurisdiction.

3. Assumption of Risk

Under the assumption of risk doctrine, if the plaintiff voluntarily and knowingly assumed the risks inherent to a dangerous activity, they may be barred from recovering damages. This defense is commonly associated with sports and recreational activities.

Note: Assumption of Risk can be divided into express and implied assumptions of risk.

4. Consent

When a plaintiff consents to the defendant's conduct, they cannot claim negligence. This defense overlaps with the assumption of risk but focuses on explicit agreements where the plaintiff agrees to the defendant's actions.

Diagram: Defenses to Negligence

graph TD A[Negligence Claim] B[Contributory Negligence] C[Comparative Negligence] D[Assumption of Risk] E[Consent] A --> B A --> C A --> D A --> E

5. Statute of Limitations

A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. If the plaintiff does not file a claim within the stipulated time frame, they may be barred from recovering damages.

Formula: Comparative Negligence

In jurisdictions following comparative negligence, the formula for calculating the plaintiff's recovery is:

$$ \text{Plaintiff's Recovery} = \text{Total Damages} - (\text{Plaintiff's Fault Percentage} \times \text{Total Damages}) $$

Key Case Example

One landmark case illustrating the defense of contributory negligence is Butterfield v. Forrester (1809). In this case, the plaintiff was barred from recovery due to his own negligence in riding too fast and not avoiding a pole in the road. For further reading on torts law, consider Torts: Cases and Materials.