This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
Answer and Defenses - Mobile Home Accident
State:
Multi-State
Control #:
US-PI-0187
Format:
Word;
Rich Text
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FAQ
If there is an existing contract between you and the manufacturer of the mobile home, you could sue the manufacturer for breach of contract.You could also sue the manufacturer for breach of implied warranty. There are two types of implied warranties which would be applicable as the basis of your lawsuit.
Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,
A disadvantage of buying a mobile home is that its value will depreciate quickly. Like a new car, once a mobile home leaves the factory, it quickly drops in value. Stick built homes, on the other hand, normally appreciate in value over time because the stick built home owner almost always owns the underlying land.
So, mobile homes refers to homes built before 1976 and manufactured homes refers to those built after 1976 under a higher set of building standards.
An affirmative defense is an assertion of facts or law by the. defendant that, if true, would avoid the action. The plaintiff is not. required to prove that the affirmative defense does not exist.3 The. affirmative defense inherits its role from the common-law pleading.
The Nix Patterson LLP (NPR) law firm has a page devoted to a class action lawsuit that they state that they brought against Clayton Homes, which resulted in a $100,000,000 settlement.
The waiver and release are affirmative defenses which a person bears the burden of raising. The failure to raise a release as an affirmative defense will result in a waiver of the defensex. It is to be noted that, a party asserting the affirmative defense of a release has the burden of proof.
Best Overall: Champion Home Builders. Best for Energy Efficiency: Clayton Homes. Best for Families: Fleetwood Homes. Best for Tiny Homes: Skyline. Best Custom: Adventure Homes. Best for First-Time Home Buyers: TRU Homes. Best for Modular Homes: Deer Valley.
Contributory negligence. Florida law is a comparative negligence state. Assumption of risk. Statute of limitations. Res judicata.