PJC General Negligence 2022

PJC 13.5

A NIMAL I NJURY

or take precautions against possible harm will not reduce plaintiff’s recovery, but vol untary assumption of risk of harm might be valid defense to liability); see also Moore v. McKay , 55 S.W.2d 865, 866 (Tex. App.—El Paso 1932, no writ). The Committee notes that Marshall predates Texas’s adoption of comparative responsibility and takes no position on the remaining viability of the court’s holding in this respect.

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