To defend against negligence allegations, defendants may try to negate elements of plaintiffs’ cause of action. Additionally, defendants often use several doctrines that reduce or eliminate liability based on negligence. Read on to learn about the most common defenses a personal injury lawyer in Chicago, IL, may use in negligence claims.
Contributory Negligence
A common defense in personal injury cases is to demonstrate contributory negligence on a plaintiff’s part. If the plaintiff’s conduct doesn’t meet the standard necessary for their protection and works with the defendant’s negligence to cause harm, contributory negligence is said to occur. In many places, contributory negligence defenses have been replaced by the doctrine of comparative negligence.
Comparative Negligence
Contributory negligence often leads to severe results, which has led many jurisdictions to replace it with comparative negligence. Here, a plaintiff’s recovery is reduced by his or her share of responsibility for the damages. In some areas, plaintiffs cannot recover any damages if they are as much to blame (or more to blame) than defendants.
The Plaintiff’s Assumption of Risk
When plaintiffs assume the risks of dangerous activities but engage in those activities anyway, they may not be eligible for damages. For the assumption of risk doctrine, a plaintiff must have subjective, actual knowledge of the activity’s risks, and they must voluntarily accept those risks.
Are You Involved in a Negligence-Based Personal Injury Claim? Get Help Today
If you are facing a lawsuit, the other party probably has an attorney. The other party’s personal injury lawyer in Chicago, IL, will work to hold you accountable for their client’s losses. Shouldn’t you have the same level of representation? To learn about your options, it may be best to work with a local lawyer. Visit website for information or call the Dworkin & Maciariello Illinois Hammer Law Firm to schedule a consultation.