What are some defenses to liability?

In some situations, the defendant's conduct, while questionable, may not give rise to damages. If, for instance, a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury and therefore the defendant should not be liable. The assumption of the risk theory may apply also in a case in which the plaintiff engaged in a friendly game of tackle football and another player broke his arm; in such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.

The following are possible defenses to personal injury claims.

• Statute of Limitations. Statutes of Limitations are laws setting forth the period within which the lawsuit must be initiated
• Sovereign Immunity. Sovereign Immunity provides that certain government officials are immune from civil liability for their official conduct
• Intentional Misuse. Injuries caused by a plaintiff's intentional misuse of a product may be a defense to liability in a products liability case
• Contributory or Comparative Negligence. Contributory or comparative negligence exists where the plaintiff's own conduct caused or contributed to his or her injuries