Kendra Knight took part in a friendly game of touch football. She had played bef
ID: 470758 • Letter: K
Question
Kendra Knight took part in a friendly game of touch football. She had played before and was familiar with football. Michael Jewett was on her team. In the course of play, Michael bumped into Kendra and knocked her to the ground. He stepped on her hand, causing injury to a little finger that later required its amputation. She sued Michael for damages. He defended on the ground that she had assumed the risk. Kendra claimed that assumption of risk could not be raised as a defense because the state legislature had adopted the standard of comparative negligence. What happens if contributory negligence applies? What happens if the defense of comparative negligence applies?
Explanation / Answer
Contributory negligence in general -law jurisdictions is basically a defense method to a claim based on negligence or an action in tort. This will considered as two parties have mutual responsibilties for the incident happened.
Comparitive negligence are of two in where pure comparitive negligence refers to recover damages which is equal to the defendant's percentage of fault even if his percentage of fault is greater than defendant’s. Partial comparitive negligence which completeley bars recovoery based on the percentage of fault from the person.
In this case if comparitive theory is applied then Kendra is the most affected person and thus he will get the benefit out of this. In contributory negligence being in a friendly game this things cannot be considered as a negligence as it was not happened intentionally.
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