Which of the following is a common defense to negligence based on the plaintiff's conduct?

Which of the following is a common defense to negligence based on the plaintiff's conduct?

• A. Assumption of risk
• B. Mitigation of damages
• C. Res judicata
• D. Laches

Answer: (A)

Assumption of risk is a defense to negligence based on the plaintiff’s conduct. It applies when the plaintiff knowingly encounters a dangerous situation and accepts the risk of harm, either through an express act like signing a waiver or through implied actions that show voluntary agreement to the risk. In that scenario, the defendant isn’t liable because the plaintiff chose to bear the danger and effectively released the defendant from the duty of care. Mitigation of damages is about the plaintiff's duty to minimize losses after harm occurs, not a defense to negligence. Res judicata deals with final judgments and prevents re-litigation, not conduct that shows the plaintiff assumed the risk. Laches involves undue delay in bringing suit, which can bar a claim for timing reasons, not for accepting a risk.

Assumption of risk is a defense to negligence based on the plaintiff’s conduct. It applies when the plaintiff knowingly encounters a dangerous situation and accepts the risk of harm, either through an express act like signing a waiver or through implied actions that show voluntary agreement to the risk. In that scenario, the defendant isn’t liable because the plaintiff chose to bear the danger and effectively released the defendant from the duty of care.

Mitigation of damages is about the plaintiff's duty to minimize losses after harm occurs, not a defense to negligence. Res judicata deals with final judgments and prevents re-litigation, not conduct that shows the plaintiff assumed the risk. Laches involves undue delay in bringing suit, which can bar a claim for timing reasons, not for accepting a risk.