What Are the Major Defenses to Negligence?

All the personal injury claims usually base on the negligence factor. And to win such a case, the claimant party is required to establish the negligence. There are four basic elements that are needed to be proved in court. These include duty, breach, causation, and damages. However, even if the claimant party has established these elements, the defendant can avoid liability. Usually, the defendant party asserts the negligence defense if this happens.

Under negligence defense, the defendant usually tries to avoid taking responsibility. The defendant part follows some major defenses to evade accountability.

Major Defenses to Negligence

There are 5 different defenses that the defense lawyers use in a personal injury case. These are contributory negligence, gross negligence, comparative negligence, vicarious negligence, and assumption of risk. The defendant may consult no win no fee medical negligence solicitors for the assumption of risk.

In this article, you’ll know about these defenses and how these are established.

Contributory Negligence

This is a defense approach in which the defendant tries to shift the fault towards the claimant. Contributory negligence is the best approach if the plaintiff is somehow responsible for the damages. Though the defendant isn’t considered innocent, this can affect the compensation.

These are the mistakes that most plaintiffs are found guilty of. Not wearing a seat belt and delay in medical attention are the most common examples.

Comparative Negligence

This defense approach is known to be used for settling claims. If the contributory negligence is found, the defendant tries to reduce the settlement. It works the same way as the degree of fault. For instance, driving after using alcohol or drugs establishes that the claimant is 40% responsible. And if it is established, the settlement amount will also reduce by 40%.

Assumption of Risk

This is the third most common negligence defense that defendants use in the courts. This defense approach is used in case the claimant has voluntarily involved himself in a dangerous situation. Or in other words, the plaintiff was completely aware of the dangers.

The primary principle is that a claimant can’t sue the defendant if he was involved willingly. This involves “Voluntary” actions taken by the plaintiff. The voluntary actions mean that the claimant may have a choice to avoid the situation. Hence, he/she may enter into a dangerous situation after assuming the risk.

Vicarious Negligence

As the word represents itself, this is a defensive approach when the defendant wasn’t directly involved. This applies in cases where a person is held accountable for charges that were done by someone who is under his/her supervision. In most cases, such negligence includes a pet or a minor during the accident.

Another such situation is when an accident happens in the workplace. Employers who are held accountable for the mistakes or injuries caused by his/her employees. Such employers can use the “Vicarious Negligence” defense approach.

Gross Negligence

This is a defense approach that is commonly used in medical neglect and violence cases. This applies when the defendant is found responsible for the damages and injuries. The defendant is found guilty for the injuries and declared grossly negligent. In this case, the retributory costs are the responsibility of the defendant. One common case that comes under gross negligence is using the unsanitary medical equipment.

My name is Phoebe Lambert and i am an experienced social media manager in Nextgen Media Ltd and guides you about social media, media management related topics. For more info: https://nayyarssolicitors.co.uk/