What are Common Defenses that a Defendant Might Use?

Three Common Law Defenses

Every personal injury case is different. The defendant’s insurance adjusters and attorneys will use the defenses that they think will give them the highest likelihood of denying or reducing liability. It can be difficult to determine who is really at fault. During legal proceedings, here are three common law defenses you may hear the other party use:

  • Assumption of risk: Some activities are risky by nature: bungy jumping, sky diving, riding roller coasters. While many of these activities make you sign liability waivers, some do not. However, even without signing a waiver, if you know an activity is risky and you engage in it anyway, the defendant’s attorney will likely use this defense. Disclosures of risk around the activity may be enough for the defendant to deny liability. It’s not impossible to receive damages in these situations, but your attorney will likely have to work harder to prove the defendant was negligible in some way.
  • Comparative negligence: If a jury thinks that both parties are partially responsible for the injury, the defendant may try to use this defense. According to this principle, everyone is responsible for their own safety to a certain extent and percentages of fault can be assigned. For example, the defendant can be 70% responsible for the injury but you are 30% responsible. When it comes to awarding damages, you will be rewarded 70% of the potential damages. California is a “pure comparative fault” state, which means you can still receive damages even if you are 90% at fault.
  • Statute of limitations: For civil litigation, it’s important that you take action by certain deadlines. Experienced attorneys will know how quickly after an injury you have to start filing the initial lawsuit. There are no exceptions to these deadlines, so it’s imperative that you pursue legal action as soon as possible after you are injured. 

The attorneys at EFS Law Center have a reputation as one of the region’s leading personal injury attorneys. We have extensive experience helping clients in the Beverly Hills, LAX, Torrance and San Fernando Valley areas through these difficult challenges. We have the knowledge, dedication, and experience that you need if you’ve been injured by the actions of someone else. For your personal injury law needs, reach out to our office located in Sherman Oaks, California today at 1-833-338-4878