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Defense

Part 1

QuestionAnswer
1.) Assumption of Risk Defense Plaintiff assumes all well-known risks, (either express or implied), that are normally associated with an activity.
3 Elements of Assumption of Risk 1. The risk must be inherent to the activity 2. Plaintiff must know, understand, and appreciate the risks 3. Plaintiff's participation must be voluntary
2.) Sovereign/Governmental Immunity Judicial doctrines that prevent one from filing a lawsuit against the government and its political subdivisions.
3.) Ultra Vires Acts An act that is not within the authority or scope of responsibility of the employee. A defense for a corporate entity.
4.) Exculpatory Documents Include waivers, informed consent agreements, agreement to participate, indemnification agreements, etc.
Waivers A contract in which the participant relinquishes the right to pursue legal action against the service provider in the event that (ordinary) negligence of the provider results in an injury to the participant.
5.) Failure to Prove Defendant demonstrates that the plaintiff did not prove one of the elements of negligence.
6.) Contributory Negligence Conduct by the plaintiff that in some way contributes to his or her injuries. A complete bar to a plaintiff's recovery.
7.) Comparative Negligence (or fault) Not technically a defense, but is a method of appointing blame or fault for the injuries. 2 Types: Pure Comparative Fault and Modified Comparative Fault.
Pure Comparative Fault The award to the plaintiff is reduced by the percentage or fault assigned to the plaintiff.
Modified Comparative Fault The plaintiff is not entitled to recovery if the plaintiff is substantially at fault.
8.) Statute of Limitations A restriction on the length of time an injured party has to file a lawsuit. Exception for minors (time does not start until they turn 18). Statute for torts is usually 1-4 years from date of injury.
9.) Other types of Immunity Good samaritan, recreational use statutes, volunteer immunity, etc.
Created by: kil4261