Wisconsin Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

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Multi-State
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US-00964BG
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Description

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.


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FAQ

Wisconsin's Pleading Standard: Best Practices A complaint must contain a short and plain statement of the claim, identifying the transaction or occurrence or series of transactions or occurrences out of which the claim arises and showing that the pleader is entitled to relief.

In pleading to a preceding pleading, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense including but not limited to the following: and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, ...

Chapter 802 - Civil procedure ? pleadings, motions and pretrial practice. 802.01 - Pleadings allowed; form of motions. 802.02 - General rules of pleading. 802.025 - Pleadings, discovery, and damages in certain personal injury actions.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.

Asserting an Affirmative Defense: An Example First, find the elements of the defense you want to assert. Statutes and appellate cases are good resources for this. Then, state any facts in your own case that make up the elements of that defense.

An affirmative defense is a defense which will counteract one element of a criminal or civil charge, but not the charge itself, while the standard defense or a negating defense will deign the evidence in support of the charge.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

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Wisconsin Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk