What is a defense to a brain injury lawsuit?

A defense to a brain injury lawsuit in Arkansas is a claim that the defendant is not responsible for the injury. A defendant may make this claim if they can show that the plaintiff was negligent in some way, causing the injury to occur. For example, a defendant may argue that the plaintiff failed to take reasonable steps to prevent the injury. This could include failing to use safety equipment or failing to maintain a secure environment. It could also include failing to advise the plaintiff of safety risks or risks of potential harm. The defendant may also claim that the plaintiff assumed the risk of the injury. This is when the plaintiff is aware of the potential dangers of the situation and chooses to take part in an activity or engage in a behavior that results in the injury. The defendant may point to the fact that the plaintiff had knowledge of the risks, but still chose to engage in the activity anyway. This is also known as voluntary assumption of risk, and in order for the defense to work, the defendant must prove that the plaintiff was aware of the risks, chose to ignore them, and was ultimately responsible for the injury.

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What is a defense to a brain injury lawsuit?

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