Pursuing compensation after being injured by another party’s negligence is your legal right. However, defendants have an arsenal of reasons to avoid liability. While you may have a strong case, understanding common defenses can help anticipate challenges you may face. Defenses aim to defeat elements of negligence, disprove injuries and causation, or limit liability through waivers or statute of limitations. Savvy defense counsel utilizes these strategies to derail otherwise valid injury claims. To boost your chances of winning, it pays to be aware of defenses like assumption of risk, contributory negligence, and failure to mitigate damages. Forewarned is forearmed when seeking justice.
- Contributory Negligence
Contributory negligence rules argue that the plaintiff’s negligence contributed to causing their injuries. For example, Sabbeth Law notes that driving while distracted could constitute contributory negligence if the plaintiff is then injured in an accident. The defense aims to show the plaintiff shares some fault for their harm. Depending on state laws, contributory negligence can potentially bar the plaintiff from any recovery if they substantially contributed to the accident.
Plaintiffs can counter that any negligence on their part was minor compared to the defendant’s reckless or intentional actions that primarily caused the injuries.
- Failure to Mitigate Damages
Defendants may assert that the plaintiff failed to mitigate their damages and injuries properly. They may argue that the plaintiff delayed seeking medical care or did not follow treatment plans that worsened their condition.
Plaintiffs can demonstrate that they did pursue prompt and reasonable treatment but still ended up with lasting harm.
- Limited Duty of Care
In premises liability cases, property owners argue they only owe a limited duty of care to the injured party. For example, a trespasser on private property may be owed less duty than a paying customer. But plaintiffs can show certain hazards breach even limited duties, especially for innocent passersby who were injured.
- Statute of Limitations Expired
Defense lawyers often check if the statute of limitations has expired before a lawsuit is filed. The window to sue for personal injury is typically two to three years but varies by state.
Plaintiffs may counter that the clock only started running once the harm was reasonably discovered.
- Lack of Actual Injury
A common tactic is arguing that the plaintiff was never actually injured or harmed by the defendant’s actions. Medical records, expert testimony, and the demonstrable effects of the injury can counter claims that the plaintiff is exaggerating their injuries.
- No Duty Owed to Plaintiff
In some cases, defendants may claim they simply did not owe any legal duty to the plaintiff. Duty defines the legally required level of care one party owes to another. However, duties often broadly exist between members of society to avoid causing foreseeable harm through negligence.
- Third-Party Negligence
Rather than accepting blame, defendants may assert that a third party’s negligence actually caused the plaintiff’s injuries. They may point suspicion at others to sow doubt.
Plaintiffs can still prove the named defendant’s actions fell below the standard of care that was expected from them.
- Unforeseeable Intervening Cause
If another event interrupts the chain of causation, defendants may argue the intervening cause has severed liability for the plaintiff’s injuries. For instance, a car crash victim suffers more injuries in a completely different incident. But plaintiffs can show that their initial injuries inevitably led to subsequent complications.
- Lack of Causation
In addition to disputing injuries, defendants may argue that their conduct did not actually cause the plaintiff’s claimed damages. However, evidence can demonstrate that their negligence directly resulted in the injuries sustained.
Conclusion
In defending a personal injury case, the focus is often on disrupting elements that prove liability, causation, and recoverable damages. Anticipating these defenses allows plaintiffs to take proactive measures to protect their right to compensation for injuries suffered due to another party’s unreasonable actions. It is imperative to seek advice from a personal injury lawyer with experience.