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Source Defenses to Negligence Complete Torts List Matched to this deck.

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0 tracked cards Torts

A negligent driver rear-ended a plaintiff's car. The plaintiff was not wearing a seat belt. The jurisdiction allows seat-belt nonuse to be considered only to reduce damages for injuries that reasonable seat-belt use would have avoided. Expert testimony shows that the plaintiff's facial cuts would have been avoided by a seat belt, but the plaintiff's wrist fracture would have occurred anyway.
How should the seat-belt evidence affect damages?

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The failure proves the defendant was not negligent. If the jurisdiction permits seat-belt evidence, damages may be reduced only for injuries the defendant proves would have been avoided by reasonable seat-belt use. The failure is irrelevant in every jurisdiction. The failure creates strict liability against the plaintiff.

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