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.
In Pennsylvania, when a defendant is facing a civil lawsuit and wishes to assert the affirmative defense of assumption of risk, there are various types of answers that can be filed. These answers serve to present a detailed account of the defendant's stance, outlining their defense strategy and providing relevant keywords to address the specific circumstances of the case. Here is an overview of the different types of Pennsylvania Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk: 1. General Denial Answer: In this type of response, the defendant generally denies all the allegations made by the plaintiff in the complaint. It aims to refute each claim and establish that the defendant did not assume any risk, presenting evidence to disprove the plaintiff's assertions. 2. Affirmative Defense Answer: This type of answer acknowledges specific aspects of the plaintiff's allegations but presents affirmative defenses, including assumption of risk. It outlines the defendant's reasons for believing that the plaintiff willingly accepted the potential risks associated with the activity or situation that led to the claimed injuries or damages. 3. Comparative Negligence Answer: While not exclusively an assumption of risk defense, Pennsylvania follows a modified comparative negligence rule. This answer highlights the plaintiff's own negligence (if any) that contributed to the incident and seeks to reduce the defendant's liability proportionally. 4. Informed Consent Answer: In certain circumstances, such as medical malpractice cases, the defendant may assert the defense of informed consent. This answer contends that the plaintiff fully understood the risks involved and voluntarily consented to the medical procedure or course of action despite those risks. 5. Express Assumption of Risk Answer: In cases where the plaintiff signed a waiver or release of liability agreement, the defendant can argue express assumption of risk. This answer points out that the plaintiff willingly entered into the agreement, thereby releasing the defendant from liability for any injuries that may occur during the activity or event in question. When crafting any of these answers, it is crucial to include relevant keywords to strengthen the defense strategy. Keywords might include "assumption of risk," "informed consent," "waiver," "negligence," "release of liability," "plaintiff's knowledge of risks," "voluntary participation," and "comparative negligence." By skillfully using these keywords within the response, the defendant can assert their position effectively and improve their chances of a favorable outcome in the civil lawsuit.
