Are there any defenses to a burn injury lawsuit?
Yes, there are defenses available to a burn injury lawsuit in Washington. Washington law recognizes several common defenses to a burn injury lawsuit, such as contributory negligence, assumption of risk, and product defect. Contributory negligence is when the plaintiff is partially to blame for the burn injury caused by their own negligence. If the court determines the plaintiff was partially responsible for their own injury, they may reduce the damages awarded or even deny them altogether. Assumption of risk is when the plaintiff knew of the risks of participating in an activity and willfully participated anyway. This defense applies when the defendant can demonstrate the plaintiff was aware of any risks associated with the activity and agreed to them anyway. An example of this is when someone participates in a hazardous sport or activity knowing it is dangerous. Product defect is a defense used when the defendant can prove the product in question was faulty or not up to certain standards. This defense applies when the defendant can demonstrate the product was defective and the defect caused the burn injury. An example of this is when a product is designed for safe use, but the manufacturer fails to meet certain safety standards and the product then causes serious injury. Defenses can be complicated and require experienced legal help in order to properly present them in court. If you are facing a burn injury lawsuit, it is important to meet with an experienced attorney to discuss the best legal option for defending your case.
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