If you’re a defendant and the plaintiff has survived a motion to dismiss, your affirmative defenses are your next best chance to prevail. Affirmative defenses are much like claims in that the person asserting them must prove that all the required elements are present. Still, if you have any chance of saying, “The plaintiff was wrong too”, take it. And there are no better plaintiff-was-wrong-too affirmative defenses than contributory and comparative negligence.
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