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.
In Wisconsin, when a defendant is faced with a civil lawsuit alleging the affirmative defense of assumption of risk, there are various types of answers that can be filed as a response. These answers serve to provide a detailed description of the defendant's position regarding the plaintiff's claims and their reliance on the assumption of risk defense. Here is an overview of the various types of Wisconsin Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk: 1. General Denial Answer: This type of answer is the most common response in which the defendant denies the plaintiff's claims in their entirety. It may include a general admission or denial of specific allegations and provide a brief explanation of the assumption of risk defense that will be used. 2. Affirmative Defense Answer: In this type of answer, the defendant not only denies the plaintiff's claims but also presents an affirmative defense based on assumption of risk. It highlights specific facts and circumstances that demonstrate the plaintiff's knowledge, understanding, and voluntary acceptance of the risks involved in the activity or situation under dispute. 3. Contributory Negligence Answer: While not specifically an assumption of risk defense, in Wisconsin, a defendant may assert a contributory negligence defense as a separate or alternative argument. This defense contends that the plaintiff's own negligence or carelessness contributed to their injuries, reducing or eliminating any potential liability. 4. Comparative Negligence Answer: Similar to contributory negligence, this defense asserts that both the defendant's and the plaintiff's negligence contributed to the plaintiff's injuries. It is a recognition that liability may be apportioned between the parties based on their respective degrees of fault. 5. Intervening Cause Answer: In certain situations, the defendant may argue that the plaintiff's injuries were caused by an independent and unforeseeable event or the actions of a third party. This defense aims to shift liability away from the defendant, claiming that their actions were not the primary cause of harm. 6. Waiver and Release Answer: Depending on the circumstances, the defendant may assert that the plaintiff signed a waiver or release agreement, voluntarily relinquishing their right to sue for injuries related to the activity or situation at hand. This defense emphasizes the plaintiff's express agreement to assume any inherent risks associated with the activity. When crafting a Wisconsin Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk, it is vital to include relevant keywords such as Wisconsin law, assumption of risk, affirmative defense, general denial, contributory negligence, comparative negligence, intervening cause, and waiver and release agreement. These keywords ensure that the answer complies with the requirements of Wisconsin's legal framework and appropriately addresses the plaintiff's claims while asserting the affirmative defense of assumption of risk.
