What types of defenses can be used to challenge a vehicle rollover lawsuit?
In Washington, a vehicle rollover lawsuit can be challenged using several different types of defenses. The most common types of defenses include contributory negligence, assumption of risk, and comparative negligence. Contributory negligence is the idea that the plaintiff’s own negligence caused the accident and, therefore, should bear some of the responsibility for the damage. If the plaintiff is found to have been negligent in any way, then the lawsuit can be dismissed. Assumption of risk is another common defense that can be used in vehicle rollover lawsuits. This defense basically states that the plaintiff willingly accepted the risk associated with the activity and thus knew (or should have known) that they were taking a risk. If this is proved in court, then any damages awarded to the plaintiff may be reduced. Lastly, comparative negligence is a defense that can be used to reduce the amount of damages the plaintiff can receive. This defense states that both the plaintiff and the defendant were negligent in some way, and the damages should be split accordingly. The court will need to decide what percentage of fault to assign to each party before determining the damages. In Washington, these three defenses can be used to challenge a vehicle rollover lawsuit. However, it is important to remember that the success of a defense is never guaranteed and the outcome of any case is highly dependent on the facts and circumstances involved.
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