What are the legal defenses to a brain injury lawsuit?

In North Carolina, the legal defenses to a brain injury lawsuit typically include assumption of risk, contributory negligence, and assumption of the risk of injury. Assumption of risk is a defense that argues that the injured person was aware of the danger they were in and accepted the risk. This means that if the injured person was aware of the hazard and elected to act anyway, it is assumed that they assumed the risk of injury. Contributory negligence is a defense that argues that the injured person was partially at fault for the injury. If the injured person did something to contribute to the injury, such as ignoring various safety warnings or engaging in risky activities, then this defense may apply. Assumption of the risk of injury is a defense that argues that the injured person assumed the risk of being injured due to their own acts or omissions and was partially responsible for the injury. This means that if the injured person was aware of the risks and disregarded them, the defense may apply. All of these defenses can be used to reduce or eliminate the amount of damages the injured person will receive. It is important to note, however, that the defenses must be argued by an attorney in court in order to be successful.

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