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Negligence State Liability Strict Contributory Defense Comparative Bars

Front Defenses to strict liability
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Plaintiff's negligence
Contributory negligence state: no defense
Comparative negligence state: no defense in some states, reduces liability in others

Assumption of risk
Contributory negligence state: bars recovery
Comparative negligence state: bars recovery

Statutory privilege: Performance of an essential public service (e.g., construction of utility or sewer lines) exempts D from strict liability

Tags: torts

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