Torts Lecture Twenty-Two Comparative and Contributory Negligence: Fault Allocation Systems

This conversation delves into the complexities of fault allocation in tort law, exploring the historical context of contributory negligence, the shift to comparative negligence, and the implications of several versus joint liability. It discusses the nuances of assumption of risk, the treatment of children in negligence cases, and the intersection of strict liability with comparative fault. The conversation also highlights the psychological aspects of negligent conduct, the economic versus fairness debates in tort law, and the critical role of legal representation in navigating these intricate legal waters.

Takeaways

Understanding fault allocation is crucial for aspiring lawyers.

Contributory negligence can bar recovery even with minor plaintiff fault.

The last clear chance doctrine mitigates harshness in contributory negligence.

Comparative negligence allows for proportional recovery based on fault.

Several liability means each defendant pays their share of fault.

Assumption of risk can limit or bar recovery for plaintiffs.

Children are judged by a different standard of care in negligence cases.

Strict liability can still involve comparative fault considerations.

Intentional torts typically do not allow for comparative fault defenses.

Legal representation is essential in navigating complex tort law cases.