Defendants in personal injury lawsuits often attempt to rely on the defense of comparative negligence to reduce their liability and point the finger at the injured plaintiff as the cause of his or her own injury.
In New Jersey, however, the defense of comparative negligence is unavailable against a plaintiff employee who is injured by equipment in the workplace setting - even if the employee might be said to have encountered a known risk. The reasoning behind this doctrine is that the injured employee essentially had no choice but to work on the equipment as part of his or her job, thus the employee's negligence should not be assessed. It should be noted that the employee's conduct can, however, be considered with respect to other issues in the case.
If you or someone you know has been injured by equipment in a workplace accident, you should contact an experienced New Jersey work injury and products liability lawyer who can analyze the facts of your case and explain your rights. You may be entitled to compensation for your injuries.
