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.
A "Florida Answer" refers to the legal document filed by the defendant in response to a civil lawsuit in the state of Florida. When the defendant anticipates raising the affirmative defense of contributory negligence, their answer will contain specific content tailored to support this defense. Here, we will discuss the detailed description of the Florida Answer in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence and its various types. 1. Introduction: The Florida Answer begins with an introduction, typically stating the name of the court, case number, parties involved, and the defendant filing the answer. 2. Admissions/Denials: The defendant must respond to each allegation in the plaintiff's complaint by admitting, denying, or pleading insufficient knowledge to admit or deny the allegation. Keywords relevant to this section include "admit," "deny," and "insufficient knowledge." 3. Affirmative Defenses: In this section, the defendant lists their affirmative defenses. Keywords related to contributory negligence defense could include "contributory negligence," "comparative fault," "fault of the plaintiff," "plaintiff's negligence," "duty of care," and "failure to exercise reasonable care." 4. Counterclaims/Cross-claims: Depending on the circumstances, the defendant may choose to file counterclaims or cross-claims against the plaintiff or other third parties involved. These claims are separate from the main lawsuit and are presented in this section. 5. Prayer for Relief: The defendant concludes the Florida Answer by requesting specific relief or actions from the court. Keywords related to this section could include "dismissal," "award costs," "attorney's fees," "compensatory damages," and "any other relief the court deems just and proper." Different Types of Florida Answer: 1. General Denial Answer: This type of answer denies the majority or all of the plaintiff's allegations without providing detailed explanations. It may often be used when the defendant is unsure which specific defenses they will rely on or intends to present counterclaims. 2. Specific Denial Answer: Here, the defendant denies specific allegations raised by the plaintiff while admitting or acknowledging other claims. It provides more detail than a general denial and may refer to statutes or case law to support the denials. 3. Contributory Negligence Answer: Specific to cases involving the defense of contributory negligence, this type of answer focuses on addressing the plaintiff's alleged negligent actions that contributed to the harm. The defendant must demonstrate that the plaintiff's own actions or failure to exercise reasonable care played a significant role in causing the damages. Remember, this is just an outline of the content to include in a Florida Answer in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence. It is always crucial to consult with a qualified attorney to ensure compliance with Florida's specific laws and procedures.
