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CAUSE OF ACTION DEFENSE
Weitz & Luxenberg lawyers explain
strategy
Cause of Action defense. A common complete defense is where the defendant, through a lawyer, proves that the plaintiff consented either expressly or impliedly to the risk of damage. Another is where defendants can show that by a notice, sign or otherwise, they have validly excluded liability for the damage the plaintiff is seeking a remedy for.
Contributory negligence is a common partial defense. This is where the defendant proves that the plaintiff acted negligently and that this negligence contributed to the damage the plaintiff suffered from the defendant's negligent act.
A simple example is where D's negligent driving caused P damage, but P's negligent failure to wear a seatbelt at the material time was also a cause of that damage in part, in that, but for P's failure, his injuries would not have been as severe as they in fact were. Where contributory negligence is proved, the court will reduce the plaintiff's damages by the extent to which the plaintiff's negligence contributed to his loss.
Your legal claim is too important to take chances with the wrong Negligence lawyer. Weitz & Luxenberg has been setting the standard in personal injury law for almost 20 years. For your negligence claim, choose Weitz & Luxenberg, because experience counts.
Return to the Components of a Negligence Lawsuit
see also:
Causation
Free information from our lawyers about causation in a lawsuitCausation in a lawsuit: Who is responsbile for your injuries?
Negligence & Remoteness
How does "remoteness" apply to a negligence lawsuit? The legal definition of remoteness in a negligence lawsuit
Glossary of Legal terms
Free glossary of commonly used legal termsLook here for a free glossary of free legal terms
