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, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
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.
Title: Understanding the Affirmative Defense of Contributory Negligence in Hawaii Civil Lawsuits Introduction: In Hawaii civil lawsuits, defendants facing allegations of contributory negligence have the opportunity to present an affirmative defense. This detailed description explores the concept of contributory negligence, its application in Hawaii, and the various types of defendant answers that can be filed in a civil lawsuit when this defense is alleged. 1. What is Contributory Negligence? Contributory negligence refers to a legal principle that assigns a portion of responsibility for damages or injuries to the plaintiff (party bringing the lawsuit) if they contributed to the incident in question. It recognizes that plaintiffs' actions or lack thereof may have played a role in causing the harm they are claiming. 2. Hawaii's Contributory Negligence Laws: Hawaii follows a comparative negligence system, specifically the "Pure Comparative Fault" rule. Under this rule, a plaintiff's recovery of damages is reduced by their proportionate share of fault, regardless of how much they are responsible for the incident. In other words, even if the plaintiff is found to be 99% at fault, they can still recover the remaining 1% of damages from the other party. 3. Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence: When a defendant is faced with a lawsuit alleging contributory negligence, their legal counsel may prepare an answer that includes an affirmative defense. This answer aims to establish that the plaintiff indeed shares some responsibility for the incident. Here are the potential types of defendant answers applicable in Hawaii: a) General Denial: The defendant denies all allegations made by the plaintiff, including any claims of negligence on their part. This denies any fault attributed to the defendant and puts the burden of proof on the plaintiff to demonstrate their case. b) Comparative Negligence Response: The defendant acknowledges their own negligence but argues that the plaintiff also contributed to the incident due to their own actions or omissions. They may present evidence showcasing the plaintiff's negligence and, consequently, seek to have their financial liability reduced accordingly. c) Affirmative Defense Alleging Contributory Negligence: In this type of defendant answer, the defendant explicitly raises the affirmative defense of contributory negligence. They contend that the plaintiff's actions directly contributed to their injuries, relieving the defendant of total responsibility and reducing their liability. Conclusion: In Hawaii civil lawsuits, defendants may employ the affirmative defense of contributory negligence when faced with litigation alleging their fault. This defense can potentially reduce the defendant's financial liability, as Hawaii operates under the comparative negligence system. By understanding the concept of contributory negligence and the various types of defendant answers, both plaintiffs and defendants can navigate the litigation process effectively.Title: Understanding the Affirmative Defense of Contributory Negligence in Hawaii Civil Lawsuits Introduction: In Hawaii civil lawsuits, defendants facing allegations of contributory negligence have the opportunity to present an affirmative defense. This detailed description explores the concept of contributory negligence, its application in Hawaii, and the various types of defendant answers that can be filed in a civil lawsuit when this defense is alleged. 1. What is Contributory Negligence? Contributory negligence refers to a legal principle that assigns a portion of responsibility for damages or injuries to the plaintiff (party bringing the lawsuit) if they contributed to the incident in question. It recognizes that plaintiffs' actions or lack thereof may have played a role in causing the harm they are claiming. 2. Hawaii's Contributory Negligence Laws: Hawaii follows a comparative negligence system, specifically the "Pure Comparative Fault" rule. Under this rule, a plaintiff's recovery of damages is reduced by their proportionate share of fault, regardless of how much they are responsible for the incident. In other words, even if the plaintiff is found to be 99% at fault, they can still recover the remaining 1% of damages from the other party. 3. Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence: When a defendant is faced with a lawsuit alleging contributory negligence, their legal counsel may prepare an answer that includes an affirmative defense. This answer aims to establish that the plaintiff indeed shares some responsibility for the incident. Here are the potential types of defendant answers applicable in Hawaii: a) General Denial: The defendant denies all allegations made by the plaintiff, including any claims of negligence on their part. This denies any fault attributed to the defendant and puts the burden of proof on the plaintiff to demonstrate their case. b) Comparative Negligence Response: The defendant acknowledges their own negligence but argues that the plaintiff also contributed to the incident due to their own actions or omissions. They may present evidence showcasing the plaintiff's negligence and, consequently, seek to have their financial liability reduced accordingly. c) Affirmative Defense Alleging Contributory Negligence: In this type of defendant answer, the defendant explicitly raises the affirmative defense of contributory negligence. They contend that the plaintiff's actions directly contributed to their injuries, relieving the defendant of total responsibility and reducing their liability. Conclusion: In Hawaii civil lawsuits, defendants may employ the affirmative defense of contributory negligence when faced with litigation alleging their fault. This defense can potentially reduce the defendant's financial liability, as Hawaii operates under the comparative negligence system. By understanding the concept of contributory negligence and the various types of defendant answers, both plaintiffs and defendants can navigate the litigation process effectively.
