Under Florida law, an affirmative defense and a denial of claim are distinct legal concepts used by parties involved in litigation, and they serve different purposes:
1. Affirmative Defense
An affirmative defense is a legal argument made by the defendant in response to the plaintiff's claims.
It is not a mere denial of the plaintiff's allegations; instead, it provides specific reasons why the defendant should not be held liable.
Affirmative defenses are typically raised when the defendant acknowledges the plaintiff's claims but argues that there are additional facts or legal principles that should prevent liability.
Examples of affirmative defenses might include statute of limitations, contributory or comparative negligence, duress, waiver, or estoppel.
The burden of proof for affirmative defenses may vary depending on the specific defense.
2. Denial of Claim
A denial of claim, on the other hand, is a straightforward rejection of the plaintiff's allegations or claims made against the defendant.
It doesn't provide any additional reasons or explanations; it simply states that the defendant denies the plaintiff's allegations.
A denial of claim is often used as a general response to the plaintiff's complaint, and it can be the initial step in defending against a lawsuit.
It does not require the defendant to present specific evidence or legal arguments at this stage; those would typically come later when asserting affirmative defenses or during the course of the trial.
In summary, the key difference between an affirmative defense and a denial of claim under Florida law is that an affirmative defense involves presenting specific reasons or legal arguments as to why the defendant should not be held liable, whereas a denial of claim is a straightforward rejection of the plaintiff's allegations without providing additional explanations or defenses. Both may be used in the defense of a lawsuit, depending on the circumstances and the legal strategies employed by the defendant.
Please contact Joel Ewusiak for legal assistance with your specific matter.