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Affirmative, Defenses

Factual Situation:
Two minors, Bill Jones and Robert Smith, were killed when a soft drink vending machine fell on them and crushed them. At the time that the machine fell on them, they were rocking the machine back and forth and side to side, attempting to steal soft drinks and/or money from the machine. The boys' parents filed a wrongful death action against the vending machine owner for negligence. What, if any, are the affirmative defenses available to the owner of the vending machine?

Answer:

Factual Situation:
John, a refrigerator service technician, with Handy Dandy Electrical, Inc., was sent to the building construction site to make some repairs. The area where he was sent by the contractor was dark, and he tripped on some building materials on the floor and fell and was injured. He sued the contractor for negligence in not keeping the work site safe. What, if any, are the affirmative defenses available to the contractor?

Answer:

Factual Situation:
A customer at a department store tripped over a rolled-up rug protruding from underneath a display bed into the aisle and suffered injuries. She sued the department store for negligence. What, if any, are the affirmative defenses available to the department store?

Answer:

Factual Situation:
A worker was working for a roofing company when he ascended the roof of a building in the rain in an attempt to fix a leak. He slipped and fell, suffering severe damage to one of his feet and various related complications. He sued the roofer for negligence. What affirmative defenses, if any, are available to the roofing company?

Answer:

Solution Preview

Factual Situation:
Two minors, Bill Jones and Robert Smith, were killed when a soft drink vending machine fell on them and crushed them. At the time that the machine fell on them, they were rocking the machine back and forth and side to side, attempting to steal soft drinks and/or money from the machine. The boys' parents filed a wrongful death action against the vending machine owner for negligence. What, if any, are the affirmative defenses available to the owner of the vending machine?

Answer: SOME STATES HAVE COMPARATIVE FAULT OR CONTRIBUTORY NEGLIGENCE, WHICH WOULD EITHER PRECLUDE RECOVERY BY THE PLAINTIFFS ENTIRELY, OR AT LEAST LIMIT THE RECOVERY TO THE AMOUNT OF CLAIMED DAMAGES MINUS ANY PERCENTAGE THE PLAINTIFFS ARE FOUND TO BE AT FAULT. BOTH OF THESE NEED TO BE CLAIMED AT THE OUTSET IN THE ...

Solution Summary

Cases of Affirmative Defenses are included.

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