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.
Illinois Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk In the state of Illinois, when a defendant is faced with a civil lawsuit alleging the affirmative defense of assumption of risk, they have the option to respond by filing an answer with the court. This answer serves as the defendant's formal written response to the allegations made against them, specifically addressing the defense of assumption of risk. Keywords: Illinois, answer, defendant, civil lawsuit, affirmative defense, assumption of risk, response, allegations. 1. Introduction to the Illinois Answer: When a defendant in Illinois is being sued and chooses to assert the affirmative defense of assumption of risk, their response is typically filed in the form of an answer. This document serves as the defendant's reply to the allegations made by the plaintiff, primarily focusing on the defense of assumption of risk. 2. Understanding Assumption of Risk as an Affirmative Defense: Assumption of risk is an affirmative defense recognized in Illinois civil law. It asserts that the plaintiff, by engaging in a particular activity or situation, willingly accepted and understood the inherent risks associated with it. This defense aims to establish that the defendant cannot be held liable for any injuries or damages suffered by the plaintiff due to their voluntary exposure to the known risks. 3. Types of Illinois Answers: There are several variations of answers that defendants may file in Illinois civil lawsuits alleging the affirmative defense of assumption of risk: a. General Denial Answer: A defendant may choose to file a general denial answer, which essentially denies all the allegations made by the plaintiff. This type of response implies that the defendant asserts their affirmative defense of assumption of risk to contest the plaintiff's claims. b. Specific Denial Answer: In some instances, defendants may choose to specifically deny certain aspects of the plaintiff's allegations while accepting others. For example, the defendant may admit that an incident occurred but deny liability based on the assumption of risk. c. Affirmative Defense Answer: An affirmative defense answer is the most common type filed in lawsuits concerning assumption of risk in Illinois. In this response, the defendant explicitly raises the defense of assumption of risk, providing supporting facts and arguments to prove that the plaintiff knowingly and voluntarily accepted the risks involved. 4. Structure of an Illinois Answer: An Illinois answer, regardless of the type, generally includes the following sections: a. Caption: The answer begins with a caption mentioning the court's name, case number, and parties involved in the lawsuit. b. Party Identification: This section identifies the defendant(s) and their attorney(s) representing them in the case. c. Response to Each Allegation: The defendant responds to each specific allegation made by the plaintiff, either by admitting, denying, or stating they lack sufficient knowledge to respond (which is equivalent to a denial). d. Affirmative Defense section: At the end of the answer, the defendant states their affirmative defense of assumption of risk, setting forth the factual basis and supporting legal arguments. e. Prayer for Relief: The defendant concludes their answer by requesting the court to dismiss the plaintiff's claims against them, or any other appropriate relief as deemed fit. In conclusion, when faced with a civil lawsuit in Illinois, a defendant can respond by filing an answer that addresses the allegations made against them, with specific emphasis on the affirmative defense of assumption of risk.Illinois Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk In the state of Illinois, when a defendant is faced with a civil lawsuit alleging the affirmative defense of assumption of risk, they have the option to respond by filing an answer with the court. This answer serves as the defendant's formal written response to the allegations made against them, specifically addressing the defense of assumption of risk. Keywords: Illinois, answer, defendant, civil lawsuit, affirmative defense, assumption of risk, response, allegations. 1. Introduction to the Illinois Answer: When a defendant in Illinois is being sued and chooses to assert the affirmative defense of assumption of risk, their response is typically filed in the form of an answer. This document serves as the defendant's reply to the allegations made by the plaintiff, primarily focusing on the defense of assumption of risk. 2. Understanding Assumption of Risk as an Affirmative Defense: Assumption of risk is an affirmative defense recognized in Illinois civil law. It asserts that the plaintiff, by engaging in a particular activity or situation, willingly accepted and understood the inherent risks associated with it. This defense aims to establish that the defendant cannot be held liable for any injuries or damages suffered by the plaintiff due to their voluntary exposure to the known risks. 3. Types of Illinois Answers: There are several variations of answers that defendants may file in Illinois civil lawsuits alleging the affirmative defense of assumption of risk: a. General Denial Answer: A defendant may choose to file a general denial answer, which essentially denies all the allegations made by the plaintiff. This type of response implies that the defendant asserts their affirmative defense of assumption of risk to contest the plaintiff's claims. b. Specific Denial Answer: In some instances, defendants may choose to specifically deny certain aspects of the plaintiff's allegations while accepting others. For example, the defendant may admit that an incident occurred but deny liability based on the assumption of risk. c. Affirmative Defense Answer: An affirmative defense answer is the most common type filed in lawsuits concerning assumption of risk in Illinois. In this response, the defendant explicitly raises the defense of assumption of risk, providing supporting facts and arguments to prove that the plaintiff knowingly and voluntarily accepted the risks involved. 4. Structure of an Illinois Answer: An Illinois answer, regardless of the type, generally includes the following sections: a. Caption: The answer begins with a caption mentioning the court's name, case number, and parties involved in the lawsuit. b. Party Identification: This section identifies the defendant(s) and their attorney(s) representing them in the case. c. Response to Each Allegation: The defendant responds to each specific allegation made by the plaintiff, either by admitting, denying, or stating they lack sufficient knowledge to respond (which is equivalent to a denial). d. Affirmative Defense section: At the end of the answer, the defendant states their affirmative defense of assumption of risk, setting forth the factual basis and supporting legal arguments. e. Prayer for Relief: The defendant concludes their answer by requesting the court to dismiss the plaintiff's claims against them, or any other appropriate relief as deemed fit. In conclusion, when faced with a civil lawsuit in Illinois, a defendant can respond by filing an answer that addresses the allegations made against them, with specific emphasis on the affirmative defense of assumption of risk.
