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Posted by on Mar 29, 2013 in Lawyers |

Defenses In Injury Claims

Defenses In Injury Claims

When an injury happens on your watch, or you are the party who has been injured, it is important to know your rights. Not all injuries, either on your property or at your place of business, will be your fault nor will you be required to pay for all medical costs and other monetary compensation that the injured is demanding of you. An injury attorney in Cleveland will be able to provide you with any support and information that you need in order to protect yourself and your business in the case of an accident.

Comparative Fault

An injury attorney Cleveland will be able to provide you with information about pursuing a comparative fault defense in the case of an injury claim against you. In most cases of injury, there is not one party who is fully to blame for the injury. Typically, the blame may be shared between all parties involved. The comparative fault defense allows you to be protected from outrageous claims of full fault and splits up the monetary compensation based on the percentage of fault both parties have.

Risk Assumption

Even if there is proof that you, the defendant, were the cause of injury, there is still the opportunity to be protected from high monetary compensation. An injury attorney in Cleveland can raise the claim that the injured party knew ahead of time about the risks surrounding them, which caused the accident. If the injured party knew a floor was slick after mopping it and yet decided to run across it, the defendant can prove this and be protected for paying any monetary compensation.

Trespasser Defense

An injury attorney in Cleveland will provide you with the information to provide a trespasser defense. If someone unknown is on your property and is hurt, you will not be liable for the injuries and damages that party developed by on your property. Liability will be held for all who are injured on your property who are considered guests either at your business or in your home, if an unknown guest, such as someone walking on the sidewalk in front of your house, or a burglar trying to get into your house, you will not be held liable for any injury they incur.

Firefighter Rule

This defense was established to protect those who may have an injured party, such as a firefighter, in their home. If the person is injured in the line of duty, the private party will not hold any liability for the injured party. An example of this defense in action may include if a fire happens at your home or business, you will not hold liability for any person in the rescue team who sustains an injury while combating the fire in your home.

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If you or someone you know has been hurt or is being charged with causing injury to another, you will likely need to services of an injury attorney Cleveland. Contact Robert C. Bianchi at 440-843-6670 for assistance with your legal matters.