Quiz 9: Negligence, Strict Liability, and Product Liability


H's widow sued the railroad for the negligence that caused her husband's death: H was trespasser so the railroad had no duty of due care towards him. The railroad would be responsible when H's death is caused by reckless or intentional conduct of rail. The widow was not allowed to introduce "evidence of negligence", because even if railroad been careless, it won't be responsible for H's death.

"Assumption of risk": "Assumption of risk" states that an individual finds out the danger related to a situation or activity or action that the individual is involved. The assumption of risk doctrine applies to the claimant who does not meet assured elements, if the claimant wishes to win situation. However, the doctrine activities do not apply if someone is injured, in a way that is not an inherent part of dangerous activity. The football players presume substantial risk each time they take the field, but some injuries fall outside the rule.

Contributory negligence is a common law practice that takes into consideration the contribution into the negligence by the parties that eventually resulted in the injuries. In case the plaintiff contributed only 1 percent in the negligence, then the plaintiffs would not be eligible to get anything in terms of compensation Therefore, in this case, as it has been determined that the accident was 90% F's fault and 10% B's fault, then B cannot recover a single amount of money because he is also responsible for the accident due to his negligence. Therefore, the option A is the right choice. According to the above given explanation of contributory negligence other options are wrong.

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