Magnitude and implications

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A defendant in a negligence case can reduce or escape liability if the plaintiff assumed the risk and was aware of its magnitude and implications. Assumption of risk can be express, such as through liability waivers (though some states ban these, and they generally do not apply to "gross" negligence), or implied, where circumstances indicate the plaintiff understood the inherent risk. The firefighter's rule usually prevents public safety officials from recovering damages for injuries incurred while on duty, though some states have abolished this rule through statutes or caselaw. Contributory negligence, which traditionally barred any recovery if the plaintiff was negligent, is now mostly replaced by comparative negligence. In comparative negligence systems, many states follow a "modified" rule where the plaintiff is barred from recovery if they are more negligent than the defendant, while others use a "pure" system allowing plaintiffs to recover damages in proportion to the defendant's negligence, regardless of the plaintiff's own negligence level.

Reference no: EM133812462

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