In civil proceedings, it is expected that the defendant will put up a defense in an attempt to avoid being held liable. Besides raising objections as to the allegations leveled against him/her, the defendant may also want to counter the plaintiff’s allegations by arguing that, even if they are true, the defendant cannot be held liable for damages.
Michael LeRoy Orlando says "The defendant has the burden of proof in civil proceedings." For instance, if the defendant in a personal injury claims negligence, the plaintiff isn't going to prove that the cause of harm was purely accidental on their part; the defendant will have to prove it wasn't. Unlike criminal liability, the defense engaged in a civil liability suit has to be strong because the legal measure of guilt is reduced.
If an individual or business has a civil liability claim raised against them, they can raise some defenses. One type of defense is contributory negligence, where the defendant will want to show that the injured entity contributed to the harm. In the event contributory negligence is proven, the defendant is free of any liability.
Comparative negligence is another form of defense that can be raised. With comparative negligence, a court can determine that numerous parties are liable for the harm. In such an event, the liability will be shared by all liable parties.
An assumption of risk is a form of defense where the defendant tries to show the court that the injured party knew the risks of engaging in a dangerous activity and thus are liable for their injury.
Michael LeRoy in Orlando is an experienced attorney in legal defense strategies. He is the managing partner of a Florida-based firm that provides civil liability defense services.
