What are the common defenses in civil law?

In civil law, common defenses are arguments that are put forth by a defendant to shield themselves from a civil lawsuit. In the state of Washington, some of the most common defenses used in civil cases include statute of limitations, contributory negligence, assumption of risk, comparative negligence, public policy, sovereign immunity, and res judicata. Statute of limitations is a defense that indicates the amount of time a plaintiff has to file a claim, and it is typically determined by the nature of the dispute. Contributory negligence is a defense that claims that the plaintiff’s behavior contributed to the injury or dispute in some way. Assumption of risk indicates that the plaintiff voluntarily assumed the risk of the injury or damage. Comparative negligence is a defense that considers both parties’ negligence when determining fault. Public policy is a defense that claims that the lawsuit would go against public policy, such as if a party attempted to sue based on an illegal activity. Sovereign immunity is a defense that applies to certain government entities, claiming that the government cannot be held liable for the actions of its employees. Lastly, res judicata is a defense which claims that a suit was previously decided and that the plaintiff can’t re-file the suit. Understanding these common defenses in civil law is important for those in the state of Washington seeking to resolve a civil case or for those who will likely be named as a defendant in a civil suit.

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What are the common defenses in civil law?

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