In the city of San Luis Obispo, the defense in a spinal cord injury lawsuit may raise the defense of contributory and comparative negligence. This is not an unusual tactic and is called for in some instances. In other cases it is simply a tactic meant to sway a judge or jury.
When a person sustains an injury due to the negligence of another, it is not unusual for the victim to file a lawsuit seeking to recover money spent on medical bills. The victim may also seek to be compensated for lost wages, pain and suffering and more. When the person is not at fault in the accident, compensation is typically awarded.
In cases where the victim acted in such a way that they are can be considered partly at fault for their accident, the rules of contributory and comparative negligence may be brought into the case. This can be confusing for some to understand due to the legal wording that describes the rule.
In essence, if a person’s actions contributed to their accident and subsequent spinal cord injury, they may be deemed partially liable for their own injury. The amount of compensation they receive in a lawsuit may be diminished by a certain percentage. For example, if you were running down an icy sidewalk and slipped and fell, you may be held partially liable, particularly if the weather conditions would have led a reasonable person to believe that icy sidewalks were a realistic risk. The property owner may also be held partially responsible if they did not clear the sidewalk in a timely manner.