A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, assumption of risk is sometimes a defense which a defendant can raise. In raising such a defense, defendant basically states that the plaintiff knowingly assumed the risk of the harm that was caused. The Second Defense of this form gives an example of pleading such a defense.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
Alaska Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk An Alaska Answer by defendant in a civil lawsuit alleging the affirmative defense of assumption of risk is a legal document filed by the defendant in response to a plaintiff's lawsuit claiming negligence or other wrongful acts. This type of response asserts that the plaintiff willingly assumed the risks associated with a particular activity or situation, thus releasing the defendant from liability. In Alaska, there are various types of answers by defendants in civil lawsuits alleging the affirmative defense of assumption of risk. These may include: 1. General Denial Answer: The defendant denies all the allegations made by the plaintiff in the lawsuit, including negligence or wrongdoing. They argue that the plaintiff failed to prove their case and that assumption of risk should apply. 2. Affirmative Defense Answer: The defendant acknowledges the plaintiff's claims but asserts that assumption of risk is a valid affirmative defense. They argue that the plaintiff intentionally and voluntarily engaged in an activity that carried inherent risks, and therefore should bear responsibility for any resulting harm or injuries. 3. Comparative Negligence Answer: The defendant claims that the plaintiff's own negligence contributed to their injuries or damages. They argue that even if assumption of risk does not fully absolve the defendant from liability, the plaintiff's actions were partially responsible for their harm. 4. Express Assumption of Risk Answer: In some cases, the defendant may assert that the plaintiff expressly assumed the risks associated with the activity or situation by signing a waiver or participating in a contractual agreement that outlined the potential dangers involved. The defendant argues that by willingly entering into such an agreement, the plaintiff cannot hold them liable for any injuries sustained. 5. Implied Assumption of Risk Answer: The defendant may contend that the plaintiff implicitly consented to assume the risks associated with a particular activity, even if there was no explicit agreement or waiver. They argue that the plaintiff had knowledge or should have reasonably anticipated the potential hazards involved and willingly engaged in the activity regardless. When filing an Alaska Answer by defendant in a civil lawsuit alleging the affirmative defense of assumption of risk, it is crucial to consult with an experienced attorney who can help draft a precise and accurate response. The answer should address the specific claims made by the plaintiff and provide relevant evidence to support the defense of assumption of risk.
