How does a contractor defend against a claim of negligence?

In Michigan, contractors have some options to defend themselves against a claim of negligence. Firstly, they can argue that they were not negligent, which means that they did not act wrongfully or carelessly and had no duty of care to the other party. Such an argument can be based on the notion that the contractor did not owe a duty of care to the other party in the first place, or that the contractor’s actions or inactions did not cause the harm. Secondly, contractors can defend themselves by arguing that they are immune from liability. This means that the law does not hold them accountable for the harm caused by their actions. For example, contractors may be able to argue that they did not owe a duty of care or that they were acting within the scope of their job and did not breach any duty of care. Thirdly, contractors may argue that the damages caused were not their fault or were too minor to warrant liability. This means that even if the contractor had some degree of negligence, the actual damages were not caused by such negligence. Finally, contractors may also use a defense of comparative negligence. This means that the contractor acknowledges that their actions or inactions did contribute to the harm, but the plaintiff was partly responsible, too. This means that the contractor’s liability would be reduced accordingly. These are some of the legal defenses available to contractors in Michigan in order to defend against a claim of negligence. Each case is unique, so it is important for contractors to speak to a qualified construction lawyer before proceeding with any legal action.

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