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Court & Litigation

Affirmative Defense

A defense that admits the plaintiff's claims but offers a reason why the defendant shouldn't be held liable.

In Personal Injury Cases

Common affirmative defenses include assumption of risk, comparative negligence, and statute of limitations. The defendant has the burden of proving affirmative defenses.

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This term belongs to the Court & Litigation category and is part of our machine-readable California injury-law glossary.

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