Comparative negligence: Most states have replaced contributory negligence with “comparative negligence.” The comparative negligence system rejects the all-or-nothing approach of contributory negligence, and instead divides the liability between P and D in proportion to their relative degrees of fault. P’s recovery is reduced by a proportion equal to the ratio between his own negligence and the total negligence contributing to the accident.

Assumption of risk: P is said to have “assumed the risk” of certain harm if she has voluntarily consented to take her chances that the harm will occur. Where such an assumption is shown, the plaintiff is, at common law, completely barred from recovery.