Q:

Can the Criminal Perpetrator Raise Any Defenses in Pennsylvania?

A:

Defendants can use several defenses to avoid civil liability. These include: Self defense, con-tributory/comparative negligence, assumption of risk, and immunity.

Self Defense: Perpetrators claim their actions were justified because they were defending them-selves or someone else.

Contributory/Comparative Negligence: The defendant claims that the victim’s negligent conduct caused or contributed to the victim’s injuries. In some states, if the defendant proves that the plaintiff was negligent, this is a total bar to the plaintiff’s claim, but in Pennsylvania, the amount of money the plaintiff collects will be reduced by the plaintiff’s proportional share of the blame for the injury.

Assumption of Risk: Defendants claim they should not be held liable because the victims volun-tarily and knowingly exposed themselves to the danger.

Immunity: The law sometimes provides government agencies, government employees, and other parties with immunity from civil liability under certain circumstances.