Defenses to Negligence
Defenses are allegations the defendant makes in response to the cause of action in the complaint. Defenses state why the plaintiff should not win his or her cause of action. Just as the plaintiff must prove every element of his or her cause of action, the defendant must prove every element of his or her defense. The major defenses to negligence are contributory negligence, comparative negligence, assumption of the risk, and statute of limitations. If the defendant is able to prove each element of a defense, then the outcome of the case may go in their favor. Contributory and comparative negligence along with assumption of the risks are all affirmative defenses that must be proven by the defendant. Affirmative defenses state that even if what is alleged in the complaint is true, the defense being asserted would deny recovery to the plaintiff either fully or partially. A defense such as contributory negligence is a defense to the complaint. The burden is placed upon the defendant to show that the plaintiff was contributory negligent. The defendant will typically bring contributory negligence up as an affirmative defense in the defendant’s answer. Contributory negligence is not a defense to an intentional tort, strict liability, or products liability, as these are not negligence causes of action. Contributory negligence is the idea that the plaintiff must not have played a role in causing the injury to himself if the plaintiff is to recover damages. The plaintiff has a duty of care owed to themselves. There is a duty of care that requires the plaintiff to exercise reasonable care to protect themselves from injury. Under contributory negligence, the plaintive may have to bear the entire cost of the injury if they were at all negligent, even if the defendant also committed negligence. Contributory negligence holds that so long as the plaintive had anything to do with his own accident then no matter how badly they are injured they cannot recover. Hence, contributory negligence is an all or nothing approach. However, most if not all jurisdictions in the United States have determined that contributory negligence is not fair to plaintiffs. In contrast to contributory negligence, comparative negligence still allows the plaintiff to recover from the defendant, even when the plaintiff is partially responsible for his or her own injuries. Comparative negligence has been passed into law by most states including Florida to avoid the all or nothing consequences of contributory negligence. Comparative negligence does not keep the plaintiff from obtaining a recovery if the plaintiff was partially responsible for their injury. Comparative negligence reduces the plaintiff’s recovery by the percentage of his or her own negligence. In sum, the plaintiff’s negligence is weighed against the defendant’s negligence.
Contact Our Car Accident Attorneys Today!
In just a few seconds, one wrong choice can permanently change one’s life while operating a vehicle. A distracted driver, a drunk driver, a reckless driver, or a driver who disobeys Florida traffic laws can cause serious harm to others. Florida is a “no-fault” state which doesn’t mean that the inquiry into who actually is responsible for the accident is abandoned. Determining fault is important in figuring out who is going to be responsible you’re your injuries. After being treated for any injuries, it is essential to make sure you get advice from an experienced Florida auto accident attorney to ensure that you follow all the necessary guidelines in submitting a car accident insurance claim. With the assistance of a prosperous auto accident law firm like Suarez & Montero, your odds of receiving the best possible settlement will increase because of our experience and dedication to our clients. Our Florida auto accident attorneys can file claims and fight for you against insurance companies. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
