Virginia Answer and Defenses - Mobile Home Accident

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US-PI-0187
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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.
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FAQ

Unattended property. In an accident in which no one is injured or killed, and the other vehicle or property involved in the accident is unattended, Virginia Code § 46.2-896 requires a driver to make a reasonable effort to locate the owner.

Every driver who intends to back, stop, turn, or partly turn from a direct line shall first see that such movement can be made safely and, whenever the operation of any other vehicle may be affected by such movement, shall give the signals required in this article, plainly visible to the driver of such other vehicle, ...

Injury or Death: A hit and run charge in Virginia resulting in injury or death is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, and driver's license revocation for one year. The DMV will add 6 demerit points to the offender's Virginia driving record.

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.

Penalty for violation of §§ 46.2-895 through 46.2-897. Any person convicted of violating the provisions of §§ 46.2-895 through 46.2-897 shall, if such accident results in injury to or the death of any person, be guilty of a Class 6 felony.

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

The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the ...

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.

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Virginia Answer and Defenses - Mobile Home Accident