Chapter 11

DEFENSES IN NEGLIGENCE ACTIONS

This chapter examines various defenses that can be asserted by a defendant in a negligence action. The most important concepts are:

• Contributory negligence:  At common law, the doctrine of contributory negligence applies. The doctrine provides that a plaintiff who is negligent, and whose negligence is a proximate cause of his injuries, is totally barred from recovery.
  • Last Clear Chance:  The doctrine of “Last Clear Chance” acts as a limit on the contributory negligence defense. If, just before the accident, D had an opportunity to prevent the harm, the existence of this opportunity (the last clear chance) wipes out the effect of P’s contributory negligence.

Please Login or Register to view full content.