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'He knew the dangers': Sam Worthington opposes New York paparazzo's $10m assault claim saying it's a 'normal risk' attached to following celebrities

By Bianca Soldani and Lucy Chesterton for Daily Mail Australia

Published: 17:19 EST, 11 December 2014 | Updated: 18:00 EST, 11 December 2014

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Australian actor Sam Worthington says that a New York paparazzo had full knowledge of the dangers attached to following him and girlfriend Lara Bingle when he allegedly punched him earlier this year during an altercation in New York City.

Court documents obtained by RadarOnline, reveal the Avatar star defended his actions on February 23 by arguing photographer Sheng Li 'voluntarily' undertakes a risk in tailing celebrities and is aware of the potential hazards his line of work incurs.

'Such risks were assumed and accepted by him in performing and engaging in said activities,' the documents which were filed on October 3 by the couple's attorney, reveal.

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Defended: Sam Worthington has defended his actions against New York paparazzo Sheng Li saying Li knew the normal risks associated with following celebrities such as himself and his model girlfriend Lara Bingle

Worthington, 38, and his Australian model girlfriend, 27, are fighting a $US10 million lawsuit after the actor allegedly hit Li.

Li claims he suffered injuries after the brawl including a torn shoulder and injuries to his wrist with his lawyer Mark Heller telling the New York Post: '[Li] is probably going to undergo $US50,000 or more of medical care and treatment.'

Video footage of the drama shows Worthington and his partner desperately trying to snatch Li's camera out of his hands as he curls up on the ground, pushed up against the bonnet of a car.

'Don't touch me what are you doing?' Li is heard saying as Bingle first approaches him, with the model repetitively crying: 'Stop following me.'

In court: Worthington appeared in court in February this year after allegedly punching the paparazzo on a New York street on February 23

Compensation: Li has launched a $US10 million lawsuit against the Australian actor with his lawyer Mark Heller (right) will probably undergo $50,000 or more of medical care and treatment

Lara Bingle and Sam Worthington's scuffle with paparazzo

Several sounds of a scuffle can then be heard with Worthington screaming, 'You want to kick my wife?'

The Clash Of The Titans actor had assault charges against him dropped and avoided jail time after entering into a conditional dismissal deal on April 8 with the condition of six months of good behavior.

In May it was reported that Li was adamant on seeing the duo punished for their actions, with his lawyer filing a complaint with the Manhattan US Attorney saying Worthington should have been charged with felony assault, attempted robbery and filing a false report.

'Worthington only got an assault charge dismissed, he didn't get an attempted robbery charge dismissed,' Heller said.

No jail time: Worthington has assault charges against him dropped and avoided jail time after entering into a conditional dismissal deal

Wants more charges: Li's lawyer filed a complaint in May saying Worthington should have been charged with felony assault, attempted robbery and filing a false report

'They could technically charge him with attempted robbery for trying to steal this guy's camera.'

The New York Post reported Heller believed Worthington's star status meant he was able to gain an unfair advantage when it came to the way the case was handled, alleging the actor made it known to authorities that he was a Hollywood actor, which he claims led to a miscarriage of justice.

Heller also demanded Bingle face the same charges as her partner, adding the DA office did not handle the case appropriately, because he claimed the video clearly depicted a 'brutal assault by Sam Worthington and Lara Bingle upon the victim Sheng Li, as well as an attempted robbery by them of the victim’s cameras.'

According to Heller, who has represented celebrities including Lindsay Lohan, Li has been suffering from emotional stress amidst his physical injuries which include a torn rotator cuff and tendons, bulging discs in his back, and limitations to his fingers and arms after Worthington and Bingle's attack.

Bingle is also opposing the lawsuit.

Heated: Video footage of the scuffle sees Bingle approaching the photographer saying 'Stop following me' before Worthington yells, 'You want to kick my wife?'