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

Yes, there are certain special defenses that a defendant in a spinal injury lawsuit in Washington may be able to utilize. Generally speaking, Washington follows the comparative negligence doctrine, which allows the defendant to argue that the plaintiff is partially, or entirely, at fault for their own injuries. This means that if the defendant can show the court that the plaintiff knew of the risk that led to their spinal injury or failed to take any reasonable steps to prevent it, the court could potentially reduce or even deny the plaintiff’s damages. Another defense that is sometimes available is assumption of risk, which indicates that the plaintiff knowingly assumed the risk of their own injury by voluntarily engaging in a potentially dangerous activity. This may include sports activities or other recreational activities such as rock climbing. The defendant in this case would need to show that the plaintiff was fully aware of the potential risks of the activity, and nonetheless chose to engage in it. Finally, the defendant may also be able to use the defense of contributory negligence, which states that a plaintiff’s own negligence, either directly or indirectly, is responsible for their own injury. This means that if the defendant can show that the plaintiff was, in some way, responsible for their own injury, then the court could reduce or deny their damages. It is important to note, however, that this defense is generally not applicable to spinal injury cases in Washington.

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

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