When a defendant responds to a complaint, the response does more than deny the allegations. In many cases, it also raises affirmative defenses. These defenses do not argue that the events never occurred. Instead, they assert additional legal reasons why the plaintiff should not prevail, even if the core allegations are assumed to be true.
Understanding affirmative defenses is essential to understanding how civil cases are structured and resolved.
What Makes a Defense “Affirmative”
An affirmative defense introduces new legal matter beyond a simple denial. Rather than disputing the plaintiff’s version of events, it asserts that some separate legal principle defeats or limits liability.
In effect, the defendant says that even if the allegations are accurate, the law still does not permit recovery.
Affirmative Defenses Must Be Specifically Raised
Affirmative defenses generally must be asserted in the defendant’s initial responsive pleading. If they are not properly raised, they may be considered waived.
This requirement ensures that both parties understand the legal issues in dispute early in the case.
Common Examples of Affirmative Defenses
Examples may include statute of limitations, consent, waiver, comparative fault, or failure to mitigate damages. Each operates independently of whether the plaintiff can prove the underlying elements of the claim.
These defenses often focus on timing, conduct, or legal limitations that reduce or eliminate liability.
The Burden of Proof May Shift
While the plaintiff bears the burden of proving the elements of a claim, a defendant asserting an affirmative defense typically bears the burden of proving that defense.
This allocation of responsibility affects how evidence is presented and how the case is argued.
Affirmative Defenses Can Limit Rather Than Eliminate Liability
Some affirmative defenses do not result in complete dismissal. Instead, they may reduce damages or narrow the scope of recovery.
For example, comparative fault may decrease the amount a plaintiff can recover without fully barring the claim.
Defenses Shape Litigation Strategy
Affirmative defenses influence discovery, motion practice, and settlement discussions. They define additional issues that must be analyzed and potentially proven at trial.
By raising affirmative defenses, defendants structure the legal boundaries of the dispute from the outset.
