Assumption Of Risk In Personal Injury Cases | Eisenberg Law
Assumption Of Risk Or Comparative Negligence And What It Means In Personal Injury Cases Assumption of Risk is a common defense strategy used by defendants to try and minimize their liability for a plaintiff’s injuries. It’s not something that is relevant to every personal injury case but when it does come up, there is a greater chance of the plaintiff losing out on compensation for the injuries suffered. Tort Law And Negligence Assumption of risk in personal injury cases has its basis in tort law. Torts are “wrongs” that a person has suffered due to another’s negligence or intentional actions. They are a leading cause of personal injury lawsuits. When a person has been injured (the plaintiff) in this manner, they are able to sue the other party (the defendant) to recover damages for the injuries suffered. Legal Defense In Tort Cases Legal defenses in tort cases are considered a valid or acceptable excuse. When defendants use legal defenses in tort and personal injury cases, they are admitting that they did something to cause injury to the plaintiff but that the plaintiff should not be eligible to recover damages or the damages should be less. In personal injury cases, the plaintiff must show that the defendant caused harm to them. The defendant may offer up a legal defense against the claim, but he/she must prove that the defense is applicable to the case.