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Category: Defenses

DEALING WITH CONTRIBUTORY NEGLIGENCE DEFENSES

DEALING WITH CONTRIBUTORY NEGLIGENCE DEFENSES

In many of our cases we are faced with a variety of contributory negligence allegations either as jury issues or implied. Learning to deal with these claims is an important part of representing plaintiff clients. The following is a primer of ideas about dealing with this issue.. The laws of the different states often vary regarding both evidence of contributory negligence and the effect of contributory negligence as a bar or reduction in the damages. It’s important to check the…

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THE DEVIL MADE ME DO IT OR REFUSING TO TAKE RESPONSIBLITY

THE DEVIL MADE ME DO IT OR REFUSING TO TAKE RESPONSIBLITY

In the early 1970’s there was an  African American comedian, Flip Wilson, who hosted his own weekly comedy series and earned a Golden Globe and two Emmy Awards he was  so talented. One of  his hilarious routines involved acting out a character,  Geraldine,  who was married to long suffering Reverend LeRoy, pastor of the Church of What’s Happening Now.  Her  excuse  for everything she did wrong was:  “The devil made me do  it.!” As Flip enacted in a famous routine,…

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BASIC TORT DEFENSES

BASIC TORT DEFENSES

We all know that the basic elements of a tort case involve the existence of a duty with a breach of that duty that causes damages. We also know that there are common defenses which we face in our tort cases. Inevitably these are based upon one of the required elements for a valid tort claim. It is helpful, therefore, for us to review the defenses which we should have in mind as we prepare our case and go through…

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