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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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.
In order to rely on the defense of contributory negligence, the defendant must prove that (1) the plaintiff 's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff 's failure was a contributing cause of the plaintiff 's injury.
To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.
Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.
In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.
In order to rely on the defense of contributory negligence, the defendant must prove that (1) the plaintiff 's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff 's failure was a contributing cause of the plaintiff 's injury.
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.
