Comparative negligence laws dictate how the responsibility for an accident will be shared between the parties directly involved in an accident. Intentional torts, whether direct or indirect, were recognized as distinct theories of liability.Negligence remained the main basis for unintended injuries. Examples of negligence torts include car accidents, premises liability claims, medical malpractice, pedestrian accidents, and slip and falls. There are several avenues that the Defendant may use in order to do so, including comparative or contributory negligence, assumption of risk and product misuse. The law regarding a plaintiff's ability to recover damages for emotional distress as the result of another's negligence is constantly evolving. Assumption of risk is one of the traditional defenses in a tort action based on negligence or willful and wanton misconduct. There are four elements to a negligence claim: duty, breach of duty, causation, and damages. Illinois Compiled Statutes Table of Contents. Breach of duty of care.
