Comparative negligence . When contributory negligence on the part of the plaintiff is shown, the defendant is usually completely absolved from all liability. This, some courts and legislatures have felt, works a hardship on the negligent plaintiff who suffers injury but can recover nothing from the negligent defendant. This concern for the injured party has led legislatures in some states to enact statutes to determine degrees of negligence and to allow recovery based on the relative degree of fault. Assumption of risk .
Assumption of risk is another defense against negligence.
Here the plaintiff acts in a manner that effectively relieves the defendant of his duty or obligation of conduct. The plaintiff by expressed or implied agreement recognizes the danger and assumes the risk. The defendant is thereby under no legal duty to protect the plaintiff. With knowledge of the danger, the plaintiff voluntarily enters into a relationship with the defendant, and by so doing agrees to take his chances. The plaintiff s knowledge and awareness of the danger is an important factor in this defense.