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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Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, ...
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.
To establish a contributory negligence defense, the defendant must prove that a reasonably prudent person, in the circumstances, would have taken certain precautions, and plaintiff's failure to do this contributed directly to the plaintiff's injury.
When a defendant alleges comparative or contributory negligence as an affirmative defense, he is claiming that the plaintiff did something to cause the wreck. Sometimes it is hard to determine who is at fault after an auto accident.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
The elements are pretty simple: The defendant had a duty to the injured party. The defendant failed to act on his duty. The negligent act caused direct injury. The injury should have been reasonably foreseeable.
Courts prefer the defence of contributory negligence because it enables them to apportion damages between the parties, thus allowing the plaintiff to recover something, even in cases where the plaintiff bears a very significant share of responsibility for the harm suffered.
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury.
