Virginia Answer and Defenses - Slip and Fall

State:
Multi-State
Control #:
US-PI-0178
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

There are three main types of defenses to negligence: contributory negligence, comparative negligence, and assumption of risk. The contributory negligence defense shifts blame to the plaintiff and bars them from recovering damages from the defendant.

The majority of slip and fall injury cases fall under the law of premise liability. In Virginia (VA), business owners have a legal responsibility to customers and others visiting their premise to maintain the property in a reasonably safe condition.

Affirmative defenses include contributory negligence, the assumption of risk, last clear chance, and failure to report. These defenses can allow someone in the situation to persist so long that it is taken as a norm.

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.

Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.

Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

An affirmative defense is a defense that brings up new facts or issues not in the Complaint that, if true, would be a legal reason why the plaintiff should not win, or should win less than they're asking for. It is not a denial that you did what the plaintiff says you did.

List of Affirmative Defenses Abandonment of Trademark. and Satisfaction. Acquiescence. Act of God. Adequate Warning. Adhesion. Adverse Possession. Agency.

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Virginia Answer and Defenses - Slip and Fall