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A Video Explaining Defenses to Tort Claims   

https://zalma.com/blog

Contributory and Comparative Negligence  At one time, a plaintiff who contributed in any amount to his or her own  injury recovered nothing. The California Supreme Court thought the  result was harsh. A person 99% responsible for another\\u2019s injury would  have an absolute defense. The California Supreme Court decided that  almost all accidents, all negligent torts, were the result of negligent  actions of both parties.  The California Supreme Court enunciated in Li v. Yellow Cab, a system  known as comparative negligence where the jury was instructed to  determine the percentage of responsibility attributable to both parties.  Assumption of the Risk  Primary assumption of risk generally absolves the defendant of a duty of  care toward the plaintiff with regard to injury incurred in the course  of a sporting or other activity covered by the doctrine. A person who  voluntarily and knowingly exposes him- or herself to obvious dangers is  deemed to have assumed the risk of injury. It is not contributory  negligence. It is more like consent to the act. The defendant\\u2019s conduct  involves certain dangers or risks, which the plaintiff voluntarily  accepts.  Last Clear Chance  The defense of \\u201clast clear chance\\u201d is an exception to the defense of  contributory negligence. Since 1975, it has been subsumed into  comparative negligence.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4