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Defense against unintentional claims for damages



Watch the full video at https://rumble.com/vi8vj7-defences-to-accidental-tort-claims.html and at https://youtu.be/HeUZw_Bc0F4 [1965653] Contribution and Comparison Negligence

At one point, a plaintiff who in some amount contributed to his own injury recovered nothing. The Supreme Court of California found the result harsh. A person who is 99% responsible for the harm of others would have an absolute defense. The Supreme Court of California ruled that almost all accidents, all negligent torture, were the result of negligent acts by both parties.

The Supreme Court of California confirmed in Li v. Yellow Cab a system called comparative negligence in which the jury was instructed to determine the percentage of liability attributable to both parties. for a sporting or other activity covered by the doctrine. A person who voluntarily and deliberately exposes himself to obvious dangers is considered to have taken the risk of injury. It is not contributory negligence. It is more like consent to the action. The defendant's conduct entails certain dangers or risks, which the plaintiff voluntarily accepts.

Last Clear Chance

The defense of "last clear chance" is an exception to the defense of contributory negligence. Since 1975, it has undergone comparative neglect.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, insurance management, insurance shortages and insurance fraudsters almost equally for insurers and insurers. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become professionals in insurance claims.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the library for insurance claims – https://zalma.com/blog/insurance-claims-[19659015]library/ Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on -insurance / id1509583809? uo = 4

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