North Dakota Answer and Defenses - Slip and Fall

State:
Multi-State
Control #:
US-PI-0178
Format:
Word; 
Rich Text
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Description

This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

The most common defences of negligence are contributory negligence, comparative negligence, and assumption of risk. Other defences include an act of God, injuries arising out of inevitable accidents and volenti non fit injuria.

The three main defenses available to negligence are the contributory negligence defense, comparative negligence defense, and assumption of risk defense. Each of these can be raised by the defendant to preclude the plaintiff from recovery or lessen their recovery based on the jurisdiction and laws that follow.

Iowa property owners are expected to keep their properties in reasonable condition and to remove, repair, or warn others of potentially dangerous conditions. A property owner can be held legally liable for a slip and fall accident when they fail to uphold this duty of care.

The largest settlement ever awarded in a slip and fall lawsuit was over 20 million dollars. This amount was awarded to the plaintiff, an elderly woman who suffered severe injuries after slipping on a wet tile floor in a hotel lobby.

The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.

Any damages must be lessened in proportion to the amount of fault that is assigned to the person that is pursuing recovery. If plaintiff's negligence is greater than 50%, recovery is completely barred. Under relevant North Dakota law, there is contribution among tortfeasors.

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North Dakota Answer and Defenses - Slip and Fall