Question
When a plaintiff is suing a defendant, the defendant may raise an affirmative defense to relieve it of liability or to reduce its liability.Please read
When a plaintiff is suing a defendant, the defendant may raise an affirmative defense to relieve it of liability or to reduce its liability.Please read the following scenario and then you will decide the outcome.
Jack Frost, Frosty, and Crystal took part in a friendly game of touch football.Crystal had played before and was familiar football.Jack Frost was on her team.In the course of play Jack bumped into Crystal and knocked her to the ground.He stepped on her hand, causing injury to a little finger that later required its amputation.She sued Jack Frost for damages.He defended on the ground that Crystal had assumed the risk.Crystal claimed that assumption of risk could not be raised as a defense because the state legislature had adopted the standard of comparative negligence.Decide.Also, assume for this question that the jury renders a verdict finding Crystal 15% at fault and Jack Frost 85% at fault in her action seeking $10,000.What may Crystal recover if contributory negligence is applied and what may she recover if comparative negligence is applied?
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