What types of defenses can be used to challenge a vehicle rollover lawsuit?

In North Carolina, there are several defenses that may be raised by a defendant in a vehicle rollover lawsuit. These defenses may limit or dismiss liability and help the defendant avoid a costly lawsuit. The primary defense is that of comparative negligence. This doctrine recognizes that both parties in the accident may have contributed to the accident by their actions or omissions. Each party is assigned a percentage of negligence and if the defendant can demonstrate that the plaintiff was at least partially at fault, they will not be held fully liable for the accident. Another defense known as inevitable accident is also used in vehicle rollover lawsuits in North Carolina. Under this defense, the defendant must establish that even with the utmost care, the accident could not have been avoided. The defense of assumption of risk is also relevant in North Carolina. This defense typically applies when the plaintiff was aware of and accepted the inherent risks of their activities. For example, if a driver knew the vehicle was not equipped with rollover protection, they could be found to have assumed the risks of rollover. Lastly, the defendant may use the defense that they acted in accordance with the standard of care. In other words, the defendant may argue that they exercised the same care as any other reasonable person in similar circumstances. If the defendant can establish that their conduct was not negligent, then they may be able to defeat the plaintiff’s case. In conclusion, there are a variety of defenses that may be used in a vehicle rollover lawsuit in North Carolina. These include comparative negligence, inevitable accident, assumption of risk, and standard of care. It is important to speak with an experienced attorney to discuss the particular circumstances of the case and determine which defense may be most effective in the particular situation.

What types of defenses can be used to challenge a vehicle rollover lawsuit?

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