The following are common defenses in a PI case:
- The defendant was not negligent: First and foremost, the defendant will assert that either he or she had no duty of care toward the plaintiff or, if they did have a duty of care, that they did not breach that duty.
- The plaintiff was negligent too: This legal defense is called “comparative negligence.” In short, the defendant will try to prove that the plaintiff was also negligent and contributed to the accident and injury. If a judge or jury finds the plaintiff contributed, the award will be reduced by a proportional percentage. However, if the plaintiff is found to be over 50% responsible, they will be unable to recover anything.
- The plaintiff assumed the risk: When asserting an assumption of the risk defense, the defendant claims the plaintiff had knowledge of the danger, appreciated the risks associated with the danger, and voluntarily chose to continue. This is a common defense in sports injury cases.
Trying to disprove defenses in court can be complicated and you do not want to risk losing your opportunity to recover financially for your injury related losses. Therefore, you should always have a Fayette County Personal Injury Lawyer on your side to help you with your personal injury case. Do not hesitate to call Shane Smith Law at (980) 246-2656.
Call or text 980-246-2656 or complete a Free Case Evaluation form
