What are the defences against a professional negligence claim?
There are three main defences to negligence:
Contributory negligence;
Comparative negligence; and
Assumption of risk.
Contributory negligence can be a defence if the plaintiff failed to demonstrate care for their own safety.
Comparative negligence can reduce the amount of damages a plaintiff can recover in a negligence claim based on the degree of fault each party contributed to the incident.
Assumption of risk can be a defence where the plaintiff voluntarily accepted the risk of the negligent party's actions.
