Section 16.34 Comparative Fault
| Library | Tort Law 2016 |
G. (§16.34) Comparative Fault
It remains an open question whether comparative negligence is a defense to an action based on strict liability for abnormally dangerous or ultrahazardous activities. Under Restatement (Second) of Torts § 524 (1977), although assumption of risk is a defense, contributory negligence is a defense to strict liability claims only when it applies to plaintiffs who "knowingly and unreasonably" subject themselves to the risk of harm.
In the context of strict products liability under Restatement (Second) of Torts § 402A (1965), Lippard v. Houdaille Industries, Inc...
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