Personal Injury Cases – Liability Defenses

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While a defendant’s conduct might be considered questionable, it may not give rise to damages in a personal injury case. So if a plaintiff knowingly and willfully chooses to encounter a known hazard, the law provides that he or she has assumed the risk of injury. In this case the defendant should not be liable.

Personal Injury Liability Example

An example of this the risk theory may be applied to an example in which the plaintiff engaged in a friendly game of tackle football and during which another player broke his arm. In this example, the plaintiff may be unable to recover for his injuries because he was well aware of the risks inherent in the game and willingly chose to engage.

Possible Defenses to Personal Injury Liability Claims

Statute of limitations - laws that set forth the period of time within the lawsuit must be initiated.

Sovereign immunity - provides that certain government officials are considered immune from civil liability for their official conduct.

Intentional misuse - in a products liability case these are injuries caused by a plaintiff’s intentional misuse of a product.

Contributory or comparative negligence - exists when the plaintiff’s own conduct caused or contributed to his or her injuries.

Hiring a Personal Injury Lawyer

You might want to hire a personal injury lawyer to help explain these and other defenses and help you determine whether they apply to a particular case. Such lawsuits often require a lawyer’s careful examination of the surrounding facts and circumstances to determine whether you have a legally valid claim, how soon you must act, the damages to which you may be entitled, and whether you may be entitled to some type of financial benefits before your lawsuit is even resolved.

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