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.
Pennsylvania Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence — Overview and Types In a civil lawsuit filed in Pennsylvania, a defendant may assert the affirmative defense of contributory negligence when they believe the plaintiff's own actions or negligence contributed to the cause of their alleged injuries or damages. The defendant will file a written response, called an Answer, to address the allegations made by the plaintiff and present their defense. This response can vary based on the circumstances of the case. Here are different types of Pennsylvania Answers that may be used: 1. General Denial Answer: The defendant denies all the material allegations made by the plaintiff in the complaint, including the assertion of contributory negligence. This type of answer is often used when the defendant intends to challenge the lawsuit's validity entirely. 2. Affirmative Defense Answer: Besides denying the plaintiff's allegations, the defendant raises the defense of contributory negligence as an affirmative defense. This response aims to shift some or all of the blame onto the plaintiff for their own damages or injuries. 3. Comparative Negligence Answer: This type of answer is used when Pennsylvania applies the principle of comparative negligence, which allows the plaintiff to recover damages even if they were partially responsible for the harm. The defendant admits some level of fault but argues that the plaintiff's negligence was a contributing factor and seeks a reduction in the amount of damages awarded accordingly. 4. Assumption of Risk Answer: In certain cases, the defendant can raise the affirmative defense of assumption of risk, claiming that the plaintiff voluntarily and knowingly exposed themselves to a known danger, relieving the defendant of liability. 5. Sudden Emergency Answer: The defendant argues that their alleged negligence was a direct result of a sudden and unexpected emergency, making it difficult to avoid the harm or injury caused to the plaintiff. This defense asserts that the defendant should not be held liable due to the unforeseeable circumstances. 6. Statute of Limitations Answer: If the plaintiff failed to comply with the specified time limits in filing the lawsuit, the defendant may assert the affirmative defense of statute of limitations, emphasizing that the claim is barred by law, as it was not initiated within Pennsylvania's prescribed timeline. When filing an Answer in a Pennsylvania civil lawsuit, whether alleging contributory negligence or any other defense, it is essential to consult with an experienced attorney to ensure the response is accurate, complete, and complies with all legal requirements.Pennsylvania Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence — Overview and Types In a civil lawsuit filed in Pennsylvania, a defendant may assert the affirmative defense of contributory negligence when they believe the plaintiff's own actions or negligence contributed to the cause of their alleged injuries or damages. The defendant will file a written response, called an Answer, to address the allegations made by the plaintiff and present their defense. This response can vary based on the circumstances of the case. Here are different types of Pennsylvania Answers that may be used: 1. General Denial Answer: The defendant denies all the material allegations made by the plaintiff in the complaint, including the assertion of contributory negligence. This type of answer is often used when the defendant intends to challenge the lawsuit's validity entirely. 2. Affirmative Defense Answer: Besides denying the plaintiff's allegations, the defendant raises the defense of contributory negligence as an affirmative defense. This response aims to shift some or all of the blame onto the plaintiff for their own damages or injuries. 3. Comparative Negligence Answer: This type of answer is used when Pennsylvania applies the principle of comparative negligence, which allows the plaintiff to recover damages even if they were partially responsible for the harm. The defendant admits some level of fault but argues that the plaintiff's negligence was a contributing factor and seeks a reduction in the amount of damages awarded accordingly. 4. Assumption of Risk Answer: In certain cases, the defendant can raise the affirmative defense of assumption of risk, claiming that the plaintiff voluntarily and knowingly exposed themselves to a known danger, relieving the defendant of liability. 5. Sudden Emergency Answer: The defendant argues that their alleged negligence was a direct result of a sudden and unexpected emergency, making it difficult to avoid the harm or injury caused to the plaintiff. This defense asserts that the defendant should not be held liable due to the unforeseeable circumstances. 6. Statute of Limitations Answer: If the plaintiff failed to comply with the specified time limits in filing the lawsuit, the defendant may assert the affirmative defense of statute of limitations, emphasizing that the claim is barred by law, as it was not initiated within Pennsylvania's prescribed timeline. When filing an Answer in a Pennsylvania civil lawsuit, whether alleging contributory negligence or any other defense, it is essential to consult with an experienced attorney to ensure the response is accurate, complete, and complies with all legal requirements.
