SOME IDEAS ABOUT RESPONDING TO DEFENSE: “IT NEVER HAPPENED BEFORE”
We are often met with the defense that the thing that injured our client had never injured anyone else. That assertion carries with it the inherent suggestion that not only was the defendant no negligent, there had to be contributory negligence as well. The defense raises issues of foreseeability, causation, and contributory negligence. I don’t have a silver bullet response, but here are few thoughts to consider in dealing with this defense. August 15, 1992 Two Australian tourists were killed while…