What is an affirmative defense?

An affirmative defense is a type of defense used in insurance claims law in Florida (and other states) to protect a defendant from liability. An affirmative defense is a defense that admits the truth of a plaintiff’s claim, but seeks to show that the defendant should not be held liable anyway. Examples of affirmative defenses include contributory negligence, comparative negligence, and assumption of risk. In Florida, an affirmative defense is raised when evidence is presented to show that the defendant should not be held liable, either because the plaintiff’s negligence was in some way greater than the defendant’s or because the plaintiff assumed the risk of the activity. In other words, an affirmative defense is a way of saying that the plaintiff should not be able to recover damages from the defendant. In order to prevail on an affirmative defense in Florida, the defendant must prove the defense by presenting sufficient evidence to meet the required burden of proof.

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