In civil cases, affirmative defenses can defeat or limit the plaintiff’s case against the defendant
A fact or set of facts that operate to defeat a legal claim even if the facts supporting that claim are deemed true. For example, in the plaintiff’s Complaint for damages, the plaintiff sets forth allegations against the defendant, alleging that the defendant is legally responsible for the plaintiff’s injuries.
A Defendant must respond to the plaintiff’s Complaint with their own pleading called an Answer. In the defendant’s Answer are specific Affirmative Defenses to plaintiffs’ claims.
Affirmative Defenses essentially assert that even if the plaintiff’s allegations are true, the plaintiff still cannot legally overcome the affirmative defenses. Affirmative defenses that are not pled are waived.
Examples of Affirmative Defenses:
- Accord and Satisfaction
- Assumption of Risk
- Collateral Estoppel
- Duress
- Equitable estoppel
- Failure to Join Necessary or Indispensable Party
- Failure to Mitigate Damages
