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

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Multi-State
Control #:
US-00964BG
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Word; 
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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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FAQ

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

When arguing an affirmative defense, a defendant must meet the ?preponderance of the evidence? burden of proof ? a much lower standard. Subsequently, the burden of proof shifts back to the prosecution who must disprove the affirmative defense raised beyond a reasonable doubt.

Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

List of Affirmative Defenses Abandonment of Trademark. and Satisfaction. Acquiescence. Act of God. Adequate Warning. Adhesion. Adverse Possession. Agency.

If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.

FIRST AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) The complaint fails to state facts sufficient to constitute a cause of action.

In Hawaii, secondary implied assumption of risk is a form of comparative negligence to be compared against defendant's fault. 'Where comparative negligence principles apply, assumption of risk that is a form of contributory negligence serves to reduce, rather than bar, plaintiff's recovery.

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