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Answer by Defendant in a Civil Lawsuit Alleging the Affirmative...

Georgia Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

Category:

Civil Procedure - Answers

State:

Multi-State

Control #:

US-00964BG

Format:

Instant download

Description

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.

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How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of Assumption Of Risk?

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FAQ

The answer is D ( The consumer is aware of the defect in the product before using it.) This is because, in order to use the assumption of risk defense, there are certain conditions that must be fulfilled. One is that the plaintiff in the case was aware of the risk involved.

Assumption of the risk is a legal doctrine under Georgia law. It's used as a defense to tort claims like car accidents and slip and fall incidents. It states that the accident victim (or plaintiff) knew about the risks of harm and took that course of action anyway.

In order to use the assumption of risk defense successfully, the defendant must demonstrate the following: The plaintiff had actual knowledge of the risk involved; and. The plaintiff voluntarily accepted the risk, either expressly through agreement or implied by their words or conduct.

Assumption of Risk: The defendant must show that (i) the plaintiff knew and appreciated the risk created by the alleged product defect, and (ii) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.

The essence of the tort doctrine ?assumption of risk? is that a plaintiff should not be able to recover for injuries caused to the plaintiff if he or she willingly assumed the risk inherent in the activity.

The elements of a Georgia assumption of the risk defense are: The victim knew of the danger (?should have known? is not good enough). The victim understood and appreciated the risks (this may not be the case with a child, for example). The plaintiff voluntarily exposed themself to the risk.

In order to prove ?assumption of the risk,? the defendant must show that the plaintiff knew there was a risk of injury or other harm, and voluntarily accepted the risk.

(c) Affirmative defenses.In pleading to a preceding pleading, a party shall set forth affirmatively and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute ...