What are the common defenses in civil law?

In civil law, common defenses refer to the legal arguments raised by a defendant that explains why they should not be held liable for a plaintiff’s damages or claims. Common defenses in civil law in Indiana include contributory negligence, comparative negligence, assumption of risk, laches, judicial estoppel, and statute of limitations. Contributory negligence occurs when the defendant argues that the plaintiff was also at fault for the accident or incident in question. Comparative negligence is similar to contributory negligence, but the percentage of fault attributed to each party is taken into consideration. The defense of assumption of risk applies when the plaintiff knowingly accepted a certain degree of risk when participating in a certain activity. Laches is a defense when the defendant argues that the plaintiff waited an unreasonable amount of time to file a claim. Judicial estoppel is used when the defendant argues that the plaintiff’s statements in a previous case contradict their stance in the current case. Lastly, the statute of limitations is the legal time frame within which a civil lawsuit must be filed. This time frame varies depending on the nature of the case.

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What are the common defenses in civil law?

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