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, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
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.
US Legal Forms - among the greatest libraries of legitimate varieties in the States - gives a variety of legitimate papers layouts you are able to down load or printing. While using web site, you can find a large number of varieties for business and individual purposes, sorted by classes, suggests, or search phrases.You will find the newest types of varieties much like the Colorado Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence in seconds.
If you already have a subscription, log in and down load Colorado Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence through the US Legal Forms collection. The Obtain option will appear on each form you see. You have accessibility to all formerly saved varieties from the My Forms tab of your respective profile.
If you want to use US Legal Forms initially, allow me to share straightforward instructions to help you get started out:
Every template you included in your account does not have an expiry date and is also yours eternally. So, if you want to down load or printing yet another duplicate, just check out the My Forms area and click on in the form you will need.
Get access to the Colorado Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence with US Legal Forms, the most comprehensive collection of legitimate papers layouts. Use a large number of professional and state-specific layouts that meet up with your small business or individual requirements and needs.
The elements are pretty simple: The defendant had a duty to the injured party. The defendant failed to act on his duty. The negligent act caused direct injury. The injury should have been reasonably foreseeable.
Courts prefer the defence of contributory negligence because it enables them to apportion damages between the parties, thus allowing the plaintiff to recover something, even in cases where the plaintiff bears a very significant share of responsibility for the harm suffered.
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury.
When a defendant alleges comparative or contributory negligence as an affirmative defense, he is claiming that the plaintiff did something to cause the wreck. Sometimes it is hard to determine who is at fault after an auto accident.
If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.
In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.
§ 18-1-407. Section 18-1-407 - Affirmative defense (1) "Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.
