Personal injury law is a legal area that deals with cases involving injuries sustained by individuals as a result of the negligent or intentional actions of another person or entity. Under personal injury law, injured individuals are entitled to seek compensation for their damages, including medical expenses, lost wages, and pain and suffering. While the basic principle of personal injury law is that injured individuals are entitled to seek compensation for their damages, there are a few exceptions to this rule. Click here to learn more.
Comparative negligence
One exception to the rule of personal injury law is the “comparative negligence” doctrine. Under the doctrine of comparative negligence, the damages caused by an injury are apportioned between the parties based on their relative degree of fault.
Under the doctrine of pure comparative negligence, the damages caused by an injury are apportioned between the parties based on their relative degree of fault, regardless of the degree of fault. This means that even if one party was 99% at fault and the other was only 1% at fault, both parties would still be held liable for their respective share of the damages.
Modified comparative negligence, on the other hand, operates on a threshold system. Under this system, the damages caused by an injury are apportioned between the parties based on their relative degree of fault, but only if the party that was less at fault was not more than 50% at fault. If the party that was less at fault were more than 50% at fault, they would be barred from recovering any damages.
Assumption of risk
Another exception to the rule of personal injury law is the “assumption of risk” defense. The assumption of risk defense applies when the person who was injured voluntarily assumed the risk of injury by engaging in a dangerous activity. In these cases, the injured person cannot hold the other party liable for the damages caused.
For example, if a person chooses to bungee jump off a bridge, they are injured. As a result, they cannot hold the bungee jump operator liable for their injuries because they assumed the risk of injury by engaging in dangerous activity.
Act of god
There are also a few other defenses that may apply in cases involving personal injury. For example, the “act of God” defense may apply if the damages were caused by a natural disaster or another event beyond the control of the parties involved. Additionally, the “inevitable accident” defense may apply if the damages were caused by an inevitable accident despite the parties’ efforts to prevent it.
These exceptions include the comparative negligence doctrine, the assumption of risk defense, and the act of God and inevitable accident defenses. It is vital to note that these defenses may not apply in all cases involving personal injury and that each case’s specific circumstances will be considered when determining liability.
