Negligence Defenses: Contributory and Assumption of Risk

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To win a personal injury lawsuit based on negligence, the injured party must prove the elements of negligence. The elements are (1) duty (2) breach (3) causation and (4) damages. Once the elements have been established, the question then shifts to whether the defendant may still avoid liability by asserting a negligence defense. The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk. This video will discuss all three defenses, when they’re used, and how they’re established.

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