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.
Title: Understanding New Hampshire's Affirmative Defense of Assumption of Risk Introduction: New Hampshire's legal system recognizes the affirmative defense of assumption of risk in civil lawsuits. This defense allows defendants to argue that the plaintiff voluntarily assumed a known risk, absolving them of liability. In this article, we will delve into the various aspects of New Hampshire's law on assumption of risk, its types, and how defendants may utilize it to defend themselves in civil lawsuits. I. Exploring the Concept of Assumption of Risk in New Hampshire In any civil lawsuit, it is crucial to understand the concept of assumption of risk in New Hampshire. Assumption of risk refers to the legal doctrine acknowledging that individuals voluntarily accept the risks associated with certain activities or situations. By engaging in these activities, plaintiffs are presumed to have agreed to absolve defendants of legal responsibility for any subsequent injuries or damages. II. Key Elements of an Assumption of Risk Defense in New Hampshire When asserting the affirmative defense of assumption of risk in a civil lawsuit, defendants in New Hampshire must establish certain elements to strengthen their case. These elements typically include: a) Knowledge and Awareness: Defendants must demonstrate that the plaintiff was fully aware of the risks involved in the activity or situation in question. b) Voluntary Participation: Defendants must prove that the plaintiff willingly chose to engage in the activity or voluntarily exposed themselves to the known risks. c) Absence of Gross Negligence: Defendants must illustrate that they did not act with gross negligence or participate in activities that were inherently dangerous. III. Different Types of New Hampshire Answers by Defendants Alleging Assumption of Risk 1. Complete Defense: Defendants may argue that the affirmative defense of assumption of risk provides a complete defense, thereby releasing them from all liability. This defense is generally used when the plaintiff's voluntary assumption of risk is evident and meets all the necessary elements to establish the defense. 2. Comparative Negligence: Under New Hampshire's comparative negligence law, defendants may also assert assumption of risk as a form of comparative negligence, arguing that the plaintiff contributed to their own injuries by voluntarily assuming known risks. This defense aims to reduce the defendant's liability in proportion to the plaintiff's own negligence. 3. Shocking and Unexpected Risks: Defendants may argue that the risk faced by the plaintiff was different from the inherent or commonly known risks associated with the activity. In such cases, the defendant may claim that they should not be liable for such unexpected risks since the plaintiff did not voluntarily accept them. Conclusion: Understanding New Hampshire's affirmative defense of assumption of risk is crucial for defendants involved in civil lawsuits. By establishing that the plaintiff willingly accepted known risks, defendants can work towards reducing or eliminating liability. However, it is essential to consult with legal professionals who are well-versed in New Hampshire's laws to ensure proper application of this defense in the relevant case.Title: Understanding New Hampshire's Affirmative Defense of Assumption of Risk Introduction: New Hampshire's legal system recognizes the affirmative defense of assumption of risk in civil lawsuits. This defense allows defendants to argue that the plaintiff voluntarily assumed a known risk, absolving them of liability. In this article, we will delve into the various aspects of New Hampshire's law on assumption of risk, its types, and how defendants may utilize it to defend themselves in civil lawsuits. I. Exploring the Concept of Assumption of Risk in New Hampshire In any civil lawsuit, it is crucial to understand the concept of assumption of risk in New Hampshire. Assumption of risk refers to the legal doctrine acknowledging that individuals voluntarily accept the risks associated with certain activities or situations. By engaging in these activities, plaintiffs are presumed to have agreed to absolve defendants of legal responsibility for any subsequent injuries or damages. II. Key Elements of an Assumption of Risk Defense in New Hampshire When asserting the affirmative defense of assumption of risk in a civil lawsuit, defendants in New Hampshire must establish certain elements to strengthen their case. These elements typically include: a) Knowledge and Awareness: Defendants must demonstrate that the plaintiff was fully aware of the risks involved in the activity or situation in question. b) Voluntary Participation: Defendants must prove that the plaintiff willingly chose to engage in the activity or voluntarily exposed themselves to the known risks. c) Absence of Gross Negligence: Defendants must illustrate that they did not act with gross negligence or participate in activities that were inherently dangerous. III. Different Types of New Hampshire Answers by Defendants Alleging Assumption of Risk 1. Complete Defense: Defendants may argue that the affirmative defense of assumption of risk provides a complete defense, thereby releasing them from all liability. This defense is generally used when the plaintiff's voluntary assumption of risk is evident and meets all the necessary elements to establish the defense. 2. Comparative Negligence: Under New Hampshire's comparative negligence law, defendants may also assert assumption of risk as a form of comparative negligence, arguing that the plaintiff contributed to their own injuries by voluntarily assuming known risks. This defense aims to reduce the defendant's liability in proportion to the plaintiff's own negligence. 3. Shocking and Unexpected Risks: Defendants may argue that the risk faced by the plaintiff was different from the inherent or commonly known risks associated with the activity. In such cases, the defendant may claim that they should not be liable for such unexpected risks since the plaintiff did not voluntarily accept them. Conclusion: Understanding New Hampshire's affirmative defense of assumption of risk is crucial for defendants involved in civil lawsuits. By establishing that the plaintiff willingly accepted known risks, defendants can work towards reducing or eliminating liability. However, it is essential to consult with legal professionals who are well-versed in New Hampshire's laws to ensure proper application of this defense in the relevant case.
