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

Yes, there are defenses available to a defendant in a catastrophic injury case in New York. The most common defense is that the defendant did not cause the injury or that the injury was caused by someone or something else. This is known as the "contributory negligence" defense and essentially means that the defendant did not contribute to or cause the injury. There is also the "assumption of risk" defense. This defense claims that the plaintiff (the party who was injured) assumed the risk of the activity and is therefore not entitled to damages. The defense of comparative negligence is also available in New York. This defense states that the plaintiff’s negligence was also a factor in the injury. If this defense is successful, the court can reduce the amount of damages awarded to the plaintiff. Finally, a defendant can also invoke the "res ipsa loquitur" defense. This defense essentially states that the injury was so obvious that the defendant did not cause it or was not negligent in any way. In conclusion, a defendant in a catastrophic injury case in New York has a range of defenses available to them, including contributory negligence, assumption of risk, comparative negligence, and res ipsa loquitur.

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