Legal Question in Civil Litigation in Florida

What affirmative defense(s) would be (or closest to):

No act or omission on the part of Defendants either caused or contributed to the injuries, if any, the Plaintiff may have sustained.

Could this be part of the affirmative defense of: "claimants own conduct" if it was their conduct which created the majority (if not all) of the damages? Any other affirmative defenses relate similarly to this one?


Asked on 6/18/14, 10:10 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Neither of these is an affirmative defense. An aff def is something that says " Assuming all the things you saying complaint are true, we are still not responsible because..." That means assuming we were negligent, you still cannot recovery because...... Comparative negligence is an affirmative defense. It reduces damages or eliminates them. Trying to respond to this without seeing the pleadings is really not comprehensive and is dangerous. Seek some legal help with the pleadings.

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Answered on 6/18/14, 10:57 am


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