What are the common defenses used in spinal injury lawsuits?
Spinal injury lawsuits in California can be complex, and the common defenses used in such cases vary depending on the individual details and circumstances of the case. Generally, the main defense used by defendants accused of causing a spinal injury is that the plaintiff failed to use reasonable care for their own safety and was therefore negligent in protecting themselves from harm. This can include not wearing a seatbelt, or engaging in activities that put them at risk of injury. Another common defense is that the injury was caused by an act of God, meaning that the event leading to the injury was beyond the control of the defendant. In addition, many defendants will argue that they were not the cause of the injury, or that the plaintiff was already suffering from a pre-existing condition that was the primary cause of the injury. These types of defenses are often used in cases of car accidents, as defendants could argue that the plaintiff’s own negligence led to the accident. Finally, some defendants may argue that they had a duty of care to the plaintiff, but that the plaintiff’s own behaviour caused the injury. For example, if the plaintiff was trespassing on the defendant’s property and was injured as a result, the defendant may argue that they had no legal responsibility for the injury.
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