Sam Worthington has argued that members of the paparazzi should expect "risk" in getting hurt whilst doing their jobs.
Cleared of assault earlier this year following a February altercation with Sheng Li, the Avatar actor is now facing a $10 million civil lawsuit against himself and his girlfriend Lara Bingle for inflicting injury and slander, and a response has now been submitted by Sam.
His lawyer Rachel Wade argues in recent filings that when this photographer decided to follow the couple, he "knew the hazards thereof and the inherent risks incident thereto and had full knowledge of the ranges thereof."
The New York Post newspaper's Page Six column claims she goes on to insist any injuries "were caused by reason of such risks voluntarily undertaken by the plaintiff in his activities and such risks were assumed and accepted by him in performing and engaging in said activities."
January 7 will see a settlement conference held.
Following the altercation earlier this year in Greenwich Village, New York, Sam avoided jail but quietly entered into a conditional dismissal deal at New York's Manhattan Criminal Court.
Submitting a waiver to the court, he explained he was "contractually committed" to work in Europe at the time and thanked the judge for working with his schedule.
In a statement he wrote: "I understand that as long as I continue to lead a law abiding life, this matter will be dismissed and sealed."
Sam was accused of punching the photographer multiple times in the face after Lara claimed he kicked her shin.
He was charged with third-degree assault, third-degree attempted assault and second-degree harassment.
The photographer was also arrested and booked for assault, harassment and reckless endangerment.
This isn't the first time Sam has gotten into a scrap with a paparazzi, as he was arrested and pepper-sprayed in 2012 in Atlanta following an argument outside a restaurant.
Tagged in Sam Worthington Lara Bingle