A personal injury case is a legal dispute that arises from an accident where someone was harmed or an injury due to the liability of another person or entity. There are several forms of personal injury cases, but some of the common types include slip and fall injuries, car accidents, medical malpractice, product liability, and assault or other intentional torts. Below are the most common defenses to a slip and fall injury accident.
Assumption Of Risk
Assumption of risk arises mainly in negligence cases where the defendant claims that the accident was inherently dangerous or so obvious that the injured party knew the risk, yet proceeded with the course of action anyway. In order for this defense to be successful, the plaintiff must have had actual knowledge of the risk and have voluntarily accepted it prior to becoming an injured party. An example of such a case would be when a plaintiff proceeds to walk on the floor of a grocery store floor despite warning signs that the floor is wet.
Comparative negligence is based on reducing a plaintiff’s recovery by the percentage of fault that the plaintiff possesses for causing the accident. California negligence laws follow the legal doctrine of comparative negligence, which allows a plaintiff to sue for the percentage of damages attributable to the defendant.
At Jacoby & Meyers our slip and fall injury attorneys are skilled and knowledgeable in the areas of personal injury laws as well as premises liability laws. These aggressive lawyers will stay on your case until they are sure that you have been fully compensated.
If you have suffered a personal injury, call Jacoby and Meyers at (888) 522-6291 to receive a free consultation today! Remember, once you’ve been injured, it’s crucial that you act quickly. You should report any accident-injury claim immediately, as limitations may lower or extinguish your claim.