Are there any defenses available to a defendant in a catastrophic injury case?

In a catastrophic injury case in Florida, a defendant may have several available defenses to the allegations of negligence. These defenses may include contributory negligence, comparative negligence, assumption of risk, and the statute of limitations. Contributory negligence is a defense where the defendant argues that the plaintiff was also negligent in causing the injury or damages. The defendant must prove that the plaintiff was at least partially negligent in causing the injury. Comparative negligence is a defense where the defendant argues that the plaintiff was more negligent than the defendant in causing the injury or damages. The defendant is allowed to prove that the plaintiff was more negligent than the defendant in causing the injury. Assumption of risk is a defense where the defendant argues that the plaintiff assumed the risk of harm by voluntarily engaging in an activity that could be dangerous. In other words, the plaintiff assumed a risk in order to take advantage of the activity, and it is up to the defendant to prove that the plaintiff was well aware of the risks. Finally, the statute of limitations is a defense that states the defendant cannot be held liable for injuries or damages that occurred more than four years prior to the filing of the lawsuit. This defense only applies if the defendant can prove that the plaintiff was explicitly warned about any risks associated with the activity within four years of the incident.

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Are there any defenses available to a defendant in a catastrophic injury case?

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