What happens the defense of comparative negligence applies

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Reference no: EM133265087

Assignment:

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 her and knocked her to the ground. He stepped on her hand, causing injury to a little finger that later required amputation. She sued Michael for damages. He defended on the grounds that she had assumed the risk. Kendra claimed that assumption of the risk could not be raised as a defense because the state legislature had adopted the standard of comparative negligence.

DISCUSS

1. What are the differences between the two theories.

2. What happens if contributory negligence applies? (Discuss the process the defenses that may be raised by the defendant(Michael).

3. What happens if the defense of comparative negligence applies? (Discuss the process the defenses that may be raised by the defendant(Michael).

Reference no: EM133265087

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