To defend against allegations of negligence, a defendant and his or her attorney will attempt to negate various elements of a plaintiff’s case. Additionally, Personal Injury Lawyers in Hollywood FL may use one of a few different doctrines to limit or eliminate liability based on a victim’s own negligent behavior. The three most common doctrines are comparative fault, assumption of risk, and contributory negligence, which are explained in the sections below.
A common defense in personal injury cases is to show the victim contributed to his or her own injuries. In contributory negligence, a plaintiff’s conduct is below the standard required for self-protection, and it, along with the other party’s negligence, causes harm. In simple terms, it means a plaintiff could have avoided injury if they weren’t negligent as well. In some areas, the contributory defense has largely been replaced with comparative negligence.
Assumption of Risk
When a person knows the risks inherent in an activity but proceeds anyway, he or she might not be able to recover economic damages. For the assumption of risk doctrine to be applied, a plaintiff must have actual knowledge of the risks of the activity and voluntarily assume them.
The contributory negligence doctrine leads to severe results in some cases, and most jurisdictions have replaced it with a less stringent doctrine referred to as comparative negligence. Here, the plaintiff’s potential recovery is reduced according to his or her percentage of fault for the incident. Some areas modify this rule in such a way that bars the plaintiff from recovering if his or her share if their degree of fault is equal to or greater than that of the defendant.
Those Facing Negligence Lawsuits Should Talk to an Attorney
If a person is facing a lawsuit, it’s likely that the plaintiff already has an attorney who will work to ensure the at-fault party is held responsible. Therefore, it is equally important for the defendant to have legal representation. Regardless of which side of the aisle a person is on, Personal Injury Attorneys in Hollywood FL can tell them which defenses may apply in a particular case. Visit the Law Offices of McCullough & Leboff P.A. to learn more or to schedule a no-obligation consultation.