By Matthew D. Gailey,

One of the main areas of my practice is tort law. I often represent individuals who have sued other individuals and/or companies for causing them injury. In addition to being aware of what I must prove to win the case, I also have to be cognizant of any justification or defenses that a defendant may have in the matter. This month’s articles will highlight different types of defenses to tort actions.

• Consent. A person can not that they express a willingness for conduct to occur. A boxer can not sue another boxer for assault when they consent to a bout.

• Assumption of the risk. A person who voluntarily and unreasonably proceeds to encounter a known danger is precluded from recovering for injuries arising from that danger. For instance, a person who picks a running lawnmower up in the air to trim a hedge can be said to assume the risk of injury.

• Unlawful acts. A person is not permitted to take advantage of his own wrongdoing or recover on a claim based upon an illegal transaction to which the plaintiff was a party.

• Necessity or self-protection. An act which would otherwise a tort may be justified by necessity. The most common example is that a person would not be liable for battery against another if they are defending themselves from bodily harm.

• Good Samaritan. A person who renders emergency care, first aid, or rescue at the scene of an emergency cannot be held civilly liable for damages. To make use of this exemption, the person rendering aid must be a holder of a current certificate showing completion of a course in first aid, advance life saving, or basic life support.

For more questions about tort claims and the potential defenses thereto, please give my office a call.