Are there any specific defenses that a defendant can use in a Paraquat lawsuit?
Under New York law, a defendant can use several different defenses in a Paraquat lawsuit. Specifically, the defendant can cite contributory negligence, comparative negligence, and assumption of the risk. Contributory negligence means that the plaintiff was partly responsible for his or her injuries due to their own failure to exercise reasonable care for their own safety. This defense can be used to reduce the amount of damages the defendant is liable for. Comparative negligence argues that the plaintiff is partially responsible for their injuries due to their own negligence, and that, as a result, the defendant’s liability for damages should be reduced. Finally, assumption of the risk is when the plaintiff knowingly takes on the risk of being injured and, as a result, the defendant has no liability for damages. This defense can be used to completely absolve the defendant from any liability. Ultimately, it is up to the presiding judge to determine which defense, if any, should be used in a Paraquat lawsuit. In some cases, none of the defenses might be appropriate, and the defendant would have to face full liability. On the other hand, a judge might decide that a particular defense should be used, which could reduce or even eliminate the defendant’s liability.
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