The Common Defenses the At-Fault Party May Use in a Personal Injury Claim in Minnesota

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By Jacob Maslow

Minnesota is the most beautiful state in the United States of America, but it has the most dangerous highways. Accidents are the 4th major cause of death in Minnesota. Thousands of people in the U.S. are involved in unforeseen accidents annually, resulting in personal injury claims, whether a slip-and-fall or a road accident; the impact on the victims’ physical and emotional state is dramatic.

In filing a lawsuit for an injury, one should know how to deal with common defenses that the at-fault party uses.

That is why hiring an experienced attorney can be a significant help. Attorneys do much more than refute the defenses; they fight for your rights and ensure you get paid the highest amount possible. A Minnesota personal injury law firm can help you get your deserved compensation.

Now, let’s move on to some essential defenses that the at-fault party could employ and how you can overcome them.

Open and Obvious Defense

A frequently used defense is the open and obvious one in which the at-fault party claims that the injured individual should have been aware of the danger, so they should have avoided this situation. It is important to recognize situations when such a defense might occur and know how to battle it.

Countering the Open and Obvious Defense

  • Hidden Dangers: If the hazardous condition is not apparent and hidden, this can compromise the open and evident defense.
  • Unavoidable Danger: Sometimes, the danger could have been evident, but the plaintiff had no reasonable alternatives except to engage with it, furnishing a defense rebuttal.
  • Foreseeability: The open and obvious defense can be successfully challenged if it can be shown that the party at fault was aware or should have been aware of the possible harm.

Comparative Fault

Comparative fault is the name of a tactic employed by the at-fault party to shift blame onto the injured person. It is particularly relevant for Minnesota, which follows a modified comparative negligence law.

Minnesota’s Comparative Negligence System

In Minnesota, the injured person’s fault is weighed against the other party’s negligence. If the victim’s fault exceeds 50%, then the victim cannot claim compensation. This is a common strategy that the defense team will use against the victims.

You can disprove their claim by providing evidence.

How the Damages Are Calculated

Damages in the Complex World.

The calculation of damages in a personal injury case is fairly complex, depending on the severity of the harm and the impact that the injury has on one’s life.

Factors Influencing the Value of Damages

  • Severity: The more significant the injury, the greater the chances of recovering damages that include but are not limited to medical bills, loss of earning potential, and more.
  • Impact on Life: Damages also include the more considerable collateral consequences for the person, such as mental anguish, compromised quality of life, and pain and suffering.

Knowing these intricacies is essential to maximizing your claim and ensuring you receive a fair amount for the suffering you’ve gone through.


Knowledge is your best friend when filing a personal injury claim. By understanding these popular defenses, you empower yourself to make better decisions. Consultation with a qualified lawyer can help ensure your rights are protected and that you will be able to receive the compensation you deserve. Personal injury lawyers know the common defenses the opposition will use and can counter them effectively. To secure fair compensation, you must hire an experienced lawyer.


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