What are the common defenses used in spinal injury lawsuits?

When filing a spinal injury lawsuit in South Dakota, there are a number of common defenses that plaintiffs may face. These defenses are used by defendants in an attempt to reduce their liability for a plaintiff’s claimed injuries. One defense is the doctrine of “comparative negligence”. This allows defendants to argue that a plaintiff’s own negligence contributed to their injury. In cases where this defense is successful, damages awarded to the plaintiff may be reduced proportionally. Another defense is “contributory negligence”. Under this doctrine, defendants can argue that the plaintiff’s own actions are the only cause of their injury. If successful, this can be used to prevent the plaintiff from recovering damages from the defendant at all. Defendants may also use “assumption of risk” to argue that the plaintiff assumed the risk of injury. In other words, defendants can claim that the plaintiff knew of the potential danger before engaging in the activity or undertaking the task that resulted in injury. Finally, defendants may use the defense of statute of limitations. This requires plaintiffs to file their claim within a set period of time after the injury occurred. If the claim is not filed in time, the defendant will be immune from liability. These are some of the most common defenses used in spinal injury lawsuits in South Dakota. However, it is important for plaintiffs to seek legal advice as there may be other defenses available.

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What are the common defenses used in spinal injury lawsuits?

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