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.
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Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation.
Contributory negligence is an affirmative tort defense in negligence cases that negates any damages for a plaintiff who is found to have contributed to their own injury, even if that contribution was minimal.
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.
Under Massachusetts' comparative negligence doctrine, the award for damages the plaintiff may receive is reduced based on his/her degree of fault. A plaintiff can recover damages for his/her injuries if he/she is less than 51% at fault for the accident.
Massachusetts negligence laws incorporate the doctrine of contributory negligence that reduces damages rewards for plaintiffs (individuals who file the lawsuit) who are partially at fault for the incident that causes their injuries.
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.
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.
Massachusetts is a modified comparative negligence state with a 51% bar to recovery. Therefore, as long as you are less than 51% at fault for your injury, you can receive some money for your damages.
