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Glossary
The substantive and procedural defenses asserted in complex tort, insurance, and commercial litigation.
defenses-and-affirmative-defenses
Accrual is the point at which a cause of action comes into existence and the limitations period begins to run.
Act of God describes a natural event of such magnitude that no human precaution could have prevented the resulting harm.
An affirmative defense defeats or reduces liability even if the plaintiff's allegations are true, and it must generally be pleaded in the answer or is waived.
The alteration defense asserts that post-sale modification of a product caused the injury rather than any original defect.
Apportionment of fault is the jury's allocation of responsibility among the plaintiff, defendants, and in some states nonparties, expressed as percentages.
Assumption of risk bars or reduces recovery where the plaintiff voluntarily encountered a known danger.
The bulk supplier doctrine limits a raw material supplier's duty to warn end users of downstream product hazards.
Charitable immunity limits tort liability of charitable organizations, surviving in modified form in a minority of states.
Collateral estoppel bars relitigation of an issue actually litigated and necessarily decided in a prior action.
Comparative negligence reduces a plaintiff's recovery in proportion to their own share of fault for the injury.
Compliance with standards offers evidence that a product or conduct met applicable regulatory or industry requirements.
The component part doctrine limits liability of a supplier whose non-defective component was integrated into a defective finished product.
Contribution allows a defendant who paid more than its share to recover the excess from other responsible parties.
Contributory negligence bars recovery entirely where the plaintiff's own negligence contributed to the injury.
The discovery rule delays accrual of a claim until the plaintiff knew or should have known of the injury and its cause.
The economic loss doctrine bars tort recovery for purely economic losses not accompanied by personal injury or damage to other property.
The empty chair defense attributes fault to a person or entity not present in the case, reducing the defendant's share of liability.
Equitable estoppel bars a party from asserting rights inconsistent with prior conduct on which another reasonably relied.
The exclusive remedy doctrine makes workers' compensation the sole remedy against an employer for workplace injuries, barring most tort claims.
Failure to join a party asserts that an absent person is required for a just adjudication.
Failure to mitigate reduces damages where the plaintiff unreasonably failed to minimize the harm.
Federal preemption is the doctrine under which federal law displaces conflicting state law, including state tort claims.
A final judgment resolves all claims among all parties, triggering appeal rights and preclusive effect.
The firefighter's rule bars public safety officers from recovering for injuries from the risks they are employed to confront.
A Good Samaritan statute protects those who voluntarily render emergency aid from liability for ordinary negligence.
The government contractor defense shields contractors who supplied products conforming to precise government specifications.
Improper service asserts that the summons and complaint were not delivered in a manner the rules permit.
The independent contractor defense denies vicarious liability for the acts of a contractor rather than an employee.
An intervening cause is an event occurring after the defendant's conduct that contributes to the harm.
Joint tortfeasors are two or more parties whose conduct combined to cause a single indivisible injury.
Judicial estoppel bars a party from asserting a position contrary to one it successfully maintained in an earlier proceeding.
Laches bars equitable relief where unreasonable delay in asserting a claim prejudiced the defendant.
Lack of standing asserts that the plaintiff is not the proper party to bring the claim.
Law of the case holds that a court's decision on an issue governs subsequent proceedings in the same case.
The learned intermediary doctrine holds that a drug or device manufacturer satisfies its duty to warn by warning the prescribing physician rather than the...
Misuse of product asserts that the plaintiff used the product in a manner the manufacturer could not reasonably foresee.
Modified comparative fault reduces recovery by the plaintiff's share of fault but bars it above a defined threshold.
Nonparty fault allocation permits a jury to assign responsibility to persons who are not parties to the action.
Peer review privilege protects hospital quality review proceedings and materials from discovery, shielding candid evaluation of clinical care.
Prior pending action asserts that the same claim between the same parties is already pending elsewhere.
A recreational use statute limits landowner liability to persons entering without charge for recreational purposes.
Accord and satisfaction discharges a claim through an agreement to accept different performance, which is then rendered.
Res judicata bars relitigation of claims that were or could have been raised in a prior action that reached final judgment between the same parties.
The seat belt defense argues that a plaintiff's failure to use a seat belt increased the injuries sustained.
Sovereign immunity bars claims against governmental entities except where the government has consented to suit.
The state of the art defense asserts that a product reflected the best available technology and knowledge at the time of manufacture.
A statute of limitations sets the deadline for filing suit after a claim accrues, and expiration bars the claim regardless of its merit.
A statute of repose extinguishes a claim a fixed period after a defined event, regardless of when the injury occurs or is discovered.
The statutory employer defense extends workers' compensation exclusivity to a party deemed the employer by statute.
The sudden emergency doctrine holds that a person facing an unexpected peril is judged by what is reasonable under emergency conditions.
A superseding cause is an intervening event that breaks the causal chain and relieves the original actor of liability.
Tolling suspends the running of a limitations period, extending the time to file.
Unavoidable accident describes an event occurring without negligence by any party, defeating a negligence claim.
Waiver is the intentional relinquishment of a known right, barring later assertion of that right.
The workers' compensation bar prevents an employee from suing their employer in tort for a workplace injury.
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