What types of defenses are available in class action lawsuits?

In Washington, a class action lawsuit is a legal action that is initiated by a group of individuals who have collectively experienced similar forms of damages or injury caused by the same entity or person. In these types of cases, a single individual is appointed to represent the entire class, thereby allowing those affected by the same issue to be compensated for their damages. Defenses for a class action lawsuit may vary depending on the nature of the case, however, there are some general defenses that may be used. One of the most common defenses to class action lawsuits is called “assumption of risk.” This defense simply states that the plaintiff was aware of the risks or potential harm and still decided to proceed with whatever activity caused the injury. Another popular defense is “contributory negligence” or “comparative negligence.” This defense states that the plaintiff’s own negligence contributed to the injury or damage they suffered. In such circumstances, the defendant may argue that the plaintiff’s failure to take reasonable precautions to protect himself contributed to the damage or injury and should be considered a factor. Finally, a defendant may also use the defense of “release of liability” or “waiver of liability.” This defense states that the plaintiff previously agreed to release the defendant from liability for their own negligence. The defendant must prove that the plaintiff knowingly waived their right to sue for damages. Class action lawsuits can be complex and it is important to understand the various defenses available to defendants. By understanding these defenses, the plaintiff can be better prepared to fight the case or be aware of any potential obstacles that may arise.

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What types of defenses are available in class action lawsuits?

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