Defenses/Immunities (3)

1. 51% Rule

   Nota:

   • If the π fault is 51% and ∆ fault is 49%, the π recovery of damages is bared.
2. 49% Rule

   Nota:

   • Equal fault 50/50 π loses and can not recover damages.
3. Pure Fault

   Nota:

   • If π fault is 95% at fault the π can recover 1%
4. Knowledge of the Risk
5. Assuming the Risk
6. Probability of Risk to π
7. Gravity of Harm
8. Number of People at Risk
9. Goal of π Conduct
10. Capacity of π
11. Emergency
12. Proximity of Harm

Nota:

• The π fully understands the risk of harm.

1. Express
2. Implied
3. Primary