The common defenses in a spinal cord injury case are contributory and comparative negligence and assumption of the risk.
Contributory and comparative negligence: It is common for a defendant to argue that the injured person’s own carelessness contributed to the accident. This is based on a legal theories known as “contributory negligence” and “comparative negligence.”
Contributory negligence implies that the victim’s carelessness contributed to the injury.
In a comparative negligence defense, the victim and the defendant’s carelessness are evaluated.
Assumption of the risk: If the injury occurred as a result of being involved in a dangerous activity, the defendant will raise the “assumption of the risk” defense. In an “assumption of the risk” defense, the defendant argues that the victim chose to take part in an activity that was likely to cause injuries, so he or she should not be entitled to compensation.