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Answering a personal injury complaint in California

Answering a personal injury complaint in California, and some of the affirmative defenses that may be asserted in the answer is the topic of this blog post. I worked for several years on the plaintiff side of personal injury cases, but in early 2012 I first worked on a case where the defendants had no liability insurance for their vacation cabin which they had rented.  Now that was a costly mistake!

Having to prepare an answer to a personal injury complaint in California is not something that most legal professionals have to deal with unless they work for an insurance company. However, as the old saying goes, “there is a first time for everything.” Never before had there been a need to prepare an answer to a personal injury complaint in over 15 years in California and Federal litigation.  The Rutter Group, Personal Injury was consulted. The complaint contained causes of action for general negligence and premises liability.

The plaintiff had rented the vacation cabin in Southern California over the Thanksgiving holiday and fell down the stairs which caused them to suffer numerous injuries. Plaintiff had signed a release agreement releasing the lessors from any liability.  The stairs were clearly marked with a prominent warning sign posted at the top of the stairs which stated that, “Please watch your step, Stairs are very steep.” The warning sign also included a graphic showing a person falling down the stairs.  The stairs had been installed according to the relevant building codes.

The affirmative defenses that were asserted in the answer were: assumption of risk, failure to exercise due care, waiver of liability due to signing a release agreement, contributory negligence, and failure to mitigate damages among others.

I took care to include enough facts in each affirmative defense so that each one stated enough facts to constitute a defense. This was done to avoid a demurrer being filed against the answer. No demurrer was filed against the answer.

Attorneys or parties in California who would like to view a sample answer to a personal injury complaint for California sold by the author can see below.

Attorneys or parties in California that would like more information on a super litigation documents package containing a sample answer to a personal injury complaint in California as well as over 200 other sample legal documents for California and Federal litigation selling for only $299.99 can use the link shown below.

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The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

To view all of the sample legal documents for use in California and Federal Courts sold by the author of this blog post visit http://www.scribd.com/legaldocspro

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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