Are there any special defenses available in a spinal injury lawsuit?

Yes, there are several special defenses available in a spinal injury lawsuit in California. Most notably, California follows the doctrine of comparative negligence, which means that a plaintiff can still recover damages even if they are partially at fault for the injury. However, the amount of damages they are eligible to receive is reduced based on the percentage of fault assigned to them. Additionally, California uses the ‘sudden emergency doctrine’ which posits that a defendant may be able to escape liability if they can show that the injury occurred due to an unexpected or unforeseeable event. Another defense available in spinal injury lawsuits is the assumption of risk doctrine. Essentially, this means that a plaintiff was aware of any potential risks prior to engaging in the activity and voluntarily agreed to accept those risks. Another possible defense is that of contributory negligence. This defense involves arguing that the plaintiff’s own negligence contributed to the injury. Lastly, there is the ‘last clear chance’ defense. This defense is available if the defendant can prove the plaintiff had the ‘last clear chance’ to avoid the injury but failed to do so due to their own negligence. Overall, depending on the particulars of the situation, there are several special defenses that may be available to a defendant in a spinal injury lawsuit in California.

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