What is a common defense to a negligence claim?

A common defense to a negligence claim involves strategies that a defendant can employ to limit or eliminate liability for harm caused. Contributory negligence occurs when the plaintiff's own actions contribute to the harm they suffered, potentially reducing the defendant's liability. For example, if a person fails to exercise reasonable care for their own safety and is injured as a result, this defense argues that their own negligence played a role in their damages.

Assumption of risk is another defense where the plaintiff knowingly and voluntarily engages in a risky activity, thereby accepting the potential dangers involved. This means that if the plaintiff understood the risks and chose to proceed anyway, they might be barred from recovering damages for any resulting injuries.

By acknowledging both contributory negligence and assumption of risk as valid defenses, a defendant can argue that the plaintiff bears some responsibility for the injuries sustained, thus mitigating their own liability. This makes the combination of these two defenses a powerful tool in negligence claims.