Defendants raise a number of defenses in personal injury cases in order to prove that they are not negligent. Three of the most common defenses to a negligence cause of action are:
- The defendant owed no duty of care to the plaintiff
Often defendants will try to claim they had no duty to act in any particular way toward the plaintiff.
But manufacturers, property owners, business owners, drivers and others often have a duty to prevent harm to others. If they breach this duty and they are negligent (or in some cases, even when they aren’t), they are liable for any damages resulting from their actions.