To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

In some situations, the law specifies the duty of care one individual owes to another. 
TRUE

The plaintiff must first establish that the defendant owes a duty to the plaintiff. In some particular situations, the law specifies the duty of care one individual owes to another.

The courts generally hold that landowners have a duty to protect individuals on their property. 
TRUE

The courts generally hold that landowners have a duty of care to protect individuals on their property.

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff. 
FALSE

Res ipsa loquitur literally means "the thing speaks for itself." The plaintiff uses this doctrine to allow the judge or jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court. 
FALSE

Choice is not involved. Most states have replaced the contributory negligence defense with either pure or modified comparative negligence.

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover. 
FALSE

According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages. In modified comparative negligence, the defendant must be more than 50 percent at fault before the plaintiff can recover.

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit. 
FALSE

Another defense available to defendants facing negligence claims is called assumption of the risk. To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

More than half the states remain contributory negligence states. 
FALSE

Twenty-eight states have adopted modified comparative negligence, thirteen have adopted pure comparative negligence, and nine have adopted contributory negligence.

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. 
TRUE

Another defense available to defendants facing negligence claims is called assumption of the risk. To use this defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior. 
FALSE

Express assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior. In contrast, implied assumption of the risk means that the plaintiff implicitly assumed a known risk.

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes. 
FALSE

Laws in some states hold that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence. These laws, commonly called Good Samaritan statutes, attempt to encourage selfless and courageous behavior by removing the threat of liability.

Strict liability is liability without fault. 
TRUE

Strict liability is liability without fault.