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Under the Doctrine, a Defendant Remains Liable If He or She

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Short Answer

Under the doctrine, a defendant remains liable if he or she had an opportunity to avoid the harm that occurred to the plaintiff and failed to do so, assuming the plaintiff did not have such an opportunity. This doctrine is not applicable, however, in the case in which the defendant's original act of negligence prevents him or her from avoiding the accident.

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Definitions:

Ergonomics

The study and design of equipment and workplaces to fit the user's body, improving comfort, efficiency, and safety.

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The total number of people living in the United States, reflecting diverse ethnic, racial, and cultural backgrounds.

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