What are the common defenses used in spinal injury lawsuits?

In spinal injury lawsuits, the defendant will typically raise a variety of defenses in an attempt to limit or deny the plaintiff’s claim. In New York, some of the most common defense strategies used to contest a spinal injury lawsuit include contributory negligence, assumption of risk, and the statute of limitations. Contributory negligence is a defense that claims that the plaintiff is partially responsible for the injury because they acted negligently. This means that if the plaintiff failed to take reasonable steps to prevent their injury, the defendant could avoid some or all of the liability. Assumption of risk is a defense that claims that the plaintiff assumed the risk of injury when they voluntarily participated in an activity, even though they should have known that it posed a risk. This includes activities such as mountain climbing, bungee jumping, and skydiving, where the inherent danger is typically understood. Finally, the statute of limitations defense is raised when too much time has passed since the injury occurred. In New York, the statute of limitations for a personal injury lawsuit is three years from the date the injury occurred. If the plaintiff waits too long to bring their lawsuit, the defendant can use the statute of limitations as a defense. These are some of the most common defenses used in spinal injury lawsuits in New York. While these defenses can be powerful, it is important to remember that they are not foolproof. An experienced spinal injury lawyer can help the plaintiff develop a strategy that is tailored to their individual needs and the facts of their case.

What are the common defenses used in spinal injury lawsuits?

Related FAQs

Related Blog Posts