A due care defense is a primary defense against tort actions just as it constitutes a contributory negligence defense.

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A due care defense is a defense that asserts that the defendant took all reasonable precautions and care to prevent an injury or harm from occurring, and therefore should not be held liable for the plaintiff's damages or injuries. It is similar to a contributory negligence defense in that it also places some degree of responsibility on the plaintiff, but the focus is on the defendant's actions rather than the plaintiff's.

A Due Care Defense Is a Primary Defense Against Tort