When it comes to personal injury cases, the defendant can use a variety of defenses to avoid liability or reduce the amount of damages they may be required to pay. In the state of Rhode Island, personal injury laws can be complex, and it’s important to understand the most common defenses that defendants use. This article will explore some of the most commonly used defenses in Rhode Island personal injury cases.
Table of Contents
Contributory Negligence
One of the most commonly used defenses in personal injury cases is contributory negligence. Contributory negligence is a legal doctrine that states that if the plaintiff was partly to blame for their injury, the defendant may be able to reduce the amount of damages they have to pay or avoid liability altogether.
In Rhode Island, the pure form of contributory negligence is applied, which means that if the plaintiff contributed in any way to their injury, the defendant will not be held liable for their damages.
Comparative Negligence
Comparative negligence is a defense similar to contributory negligence, but in Rhode Island, comparative negligence is used instead of contributory negligence. Comparative negligence is a legal doctrine that provides that the plaintiff can still recover damages even if they were partially at fault for their injury.
Under comparative negligence, the damages are reduced by the percentage of the plaintiff’s fault. For example, if the plaintiff is awarded $100,000 in damages but is found to be 20% at fault, the damages award will be reduced by $20,000 to $80,000.
Assumption of Risk
Assumption of risk is another defense used in personal injury cases in Rhode Island. This defense is used when the plaintiff willingly and knowingly undertakes an activity or situation that is inherently dangerous, and as a result, they are injured.
For example, if the plaintiff goes bungee jumping and is injured, they may not be able to recover damages because they assumed the risk of participating in such a dangerous activity.
Statute of Limitations
The statute of limitations is a defense that is used when the plaintiff did not file their personal injury claim within the time limit allowed under Rhode Island law. In Rhode Island, the statute of limitations for personal injury cases is three years from the date of the injury.
If the plaintiff does not file their claim within this time limit, the defendant can use the statute of limitations defense to have the case dismissed.
Failure to Mitigate Damages
When a plaintiff suffers an injury, they have a legal duty to take reasonable steps to mitigate their damages, or in other words, try to minimize the harm they suffered. Failure to mitigate damages is a defense that can be used if the defendant can prove that the plaintiff did not do enough to reduce their injuries or losses.
For example, if a plaintiff suffers whiplash after a car accident but does not seek medical attention or follow their doctor’s orders to recover, the defendant may allege that they failed to mitigate their damages, and as a result, the damages award should be reduced.
Conclusion
These are just some of the most common defenses used in Rhode Island personal injury cases. If you have been injured in an accident, it’s important to understand your rights and how these defenses may affect your case. Consulting with an experienced personal injury attorney can help you navigate the legal system and ensure you receive the compensation you deserve.