Puerto Rico Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence

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US-00965BG
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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.

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  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence
  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence
  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence

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FAQ

The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.

Personal Injury actions under Puerto Rico law are governed under Article 1802 of the Civil Code of Puerto Rico, 31 Laws of Puerto Rico, 5141. Said disposition states that "a person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done".

Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.

If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.

To establish a contributory negligence defense, the defendant must prove that a reasonably prudent person, in the circumstances, would have taken certain precautions, and plaintiff's failure to do this contributed directly to the plaintiff's injury.

When Puerto Rico became a US territory, it incorporated the common law system. This created a mixed legal system in which common law and civil law are blended. This system is what prevails today. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others.

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person's actions or omissions of actions can be found negligent.

Negligence (Lat. negligentia) is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances.

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Puerto Rico Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Contributory Negligence