ANSWER AND AFFIRMATIVE DEFENSES TO PRODUCT LIABILITY COMPLAINT

IN THE [________________________________] COURT

[________________________________] COUNTY, STATE OF [________________________________]

Case No.: [________________________________]

PLAINTIFF:
[________________________________]

v.

DEFENDANT:
[________________________________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, hereby answers Plaintiff's Complaint as follows:

PART I: RESPONSES TO ALLEGATIONS

Response to Introduction and Preliminary Allegations

1. In response to Paragraph 1 of the Complaint:
   ☐ Admitted
   ☐ Denied
   ☐ Admitted in part and denied in part: [________________________________]
   ☐ Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies the same.

2. In response to Paragraph 2 of the Complaint:
   ☐ Admitted
   ☐ Denied
   ☐ Admitted in part and denied in part: [________________________________]
   ☐ Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies the same.

[Continue for each paragraph of the Complaint]

3. In response to Paragraph [____] of the Complaint:
   ☐ Admitted
   ☐ Denied
   ☐ Admitted in part and denied in part: [________________________________]
   ☐ Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies the same.

Response to Jurisdictional Allegations

[____]. In response to Paragraph [____] regarding jurisdiction:
☐ Admitted that this Court has jurisdiction
☐ Denied that this Court has jurisdiction
☐ [________________________________]

[____]. In response to Paragraph [____] regarding venue:
☐ Admitted that venue is proper
☐ Denied that venue is proper
☐ [________________________________]

Response to Factual Allegations

[____]. In response to allegations concerning the product:
☐ Admitted
☐ Denied
☐ Admitted in part and denied in part: [________________________________]
☐ Defendant lacks sufficient knowledge or information to form a belief.

[____]. In response to allegations concerning the alleged defect:
☐ Admitted
☐ Denied
☐ Admitted in part and denied in part: [________________________________]
☐ Defendant lacks sufficient knowledge or information to form a belief.

[____]. In response to allegations concerning Plaintiff's injury:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged injuries.

Response to Causes of Action

Response to [First Cause of Action - e.g., Strict Liability]:

[____]. In response to the allegations in Plaintiff's [First] Cause of Action:
☐ Denied in their entirety
☐ Defendant incorporates by reference its responses to the preceding paragraphs
☐ [________________________________]

Response to [Second Cause of Action - e.g., Negligence]:

[____]. In response to the allegations in Plaintiff's [Second] Cause of Action:
☐ Denied in their entirety
☐ Defendant incorporates by reference its responses to the preceding paragraphs
☐ [________________________________]

[Continue for each cause of action]

Response to Damages Allegations

[____]. In response to Plaintiff's allegations of damages:
☐ Denied
☐ Defendant lacks sufficient knowledge or information to form a belief as to the nature and extent of Plaintiff's alleged damages
☐ Defendant denies that Plaintiff is entitled to the damages claimed
☐ Defendant specifically denies that Plaintiff is entitled to punitive damages

General Denial

[____]. To the extent not specifically admitted or denied herein, Defendant denies each and every allegation in the Complaint.

PART II: AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without assuming any burden of proof it would not otherwise bear:

FIRST AFFIRMATIVE DEFENSE: Failure to State a Claim

1. The Complaint fails to state facts sufficient to constitute a cause of action against Defendant upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE: Statute of Limitations

2. Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations, including but not limited to [________________________________].

THIRD AFFIRMATIVE DEFENSE: Statute of Repose

3. Plaintiff's claims are barred, in whole or in part, by the applicable statute of repose. More than [____] years have passed since the product was first sold or delivered.

FOURTH AFFIRMATIVE DEFENSE: Comparative/Contributory Negligence

4. Plaintiff's own negligence contributed to cause Plaintiff's alleged injuries. Plaintiff was negligent in the following respects:
   ☐ Failure to read or follow warnings/instructions
   ☐ Misuse of the product
   ☐ Modification of the product
   ☐ Failure to exercise reasonable care
   ☐ Other: [________________________________]

Any recovery should be reduced in proportion to Plaintiff's fault (or barred in contributory negligence jurisdictions).

FIFTH AFFIRMATIVE DEFENSE: Assumption of Risk

5. Plaintiff voluntarily assumed the risk of the alleged harm by:
   ☐ Using the product despite knowledge of the risk
   ☐ Using the product contrary to warnings
   ☐ Using the product for an unintended purpose
   ☐ Other: [________________________________]

SIXTH AFFIRMATIVE DEFENSE: Product Misuse

6. Plaintiff misused the product in a manner that was not reasonably foreseeable by Defendant. The misuse was the sole or contributing cause of Plaintiff's alleged injuries.

SEVENTH AFFIRMATIVE DEFENSE: Alteration/Modification

7. The product was substantially altered or modified after it left Defendant's control. The alteration or modification was a superseding or contributing cause of Plaintiff's alleged injuries.

EIGHTH AFFIRMATIVE DEFENSE: No Defect

8. The product was not defective. The product:
   ☐ Was designed according to industry standards
   ☐ Was manufactured according to specifications
   ☐ Contained adequate warnings and instructions
   ☐ Performed as intended

NINTH AFFIRMATIVE DEFENSE: State of the Art

9. The product was designed and manufactured in accordance with the state of the art at the time of manufacture. The alleged defect was not reasonably discoverable given the state of scientific and technical knowledge at the time.

TENTH AFFIRMATIVE DEFENSE: Compliance with Regulations

10. The product was designed, manufactured, and labeled in compliance with all applicable federal and state regulations, including [________________________________].

ELEVENTH AFFIRMATIVE DEFENSE: Government Contractor Defense

11. [If applicable] The product was manufactured according to government specifications and Defendant reasonably believed the product conformed to those specifications. Defendant warned the government of any known hazards.

TWELFTH AFFIRMATIVE DEFENSE: Preemption

12. [If applicable] Plaintiff's claims are preempted by federal law, including but not limited to [________________________________].

THIRTEENTH AFFIRMATIVE DEFENSE: Learned Intermediary

13. [If applicable] Defendant fulfilled its duty to warn by providing adequate warnings and information to the prescribing physician or other learned intermediary.

FOURTEENTH AFFIRMATIVE DEFENSE: Open and Obvious Danger

14. The alleged danger was open and obvious to a reasonable user of the product. No warning was required for an open and obvious danger.

FIFTEENTH AFFIRMATIVE DEFENSE: Superseding/Intervening Cause

15. Plaintiff's alleged injuries were caused by a superseding or intervening cause for which Defendant is not responsible, including but not limited to:
    ☐ Acts of third parties
    ☐ Plaintiff's own conduct
    ☐ Unforeseeable events
    ☐ Other: [________________________________]

SIXTEENTH AFFIRMATIVE DEFENSE: Lack of Causation

16. The alleged defect, if any, was not the proximate cause of Plaintiff's alleged injuries. Plaintiff's injuries were caused by other factors.

SEVENTEENTH AFFIRMATIVE DEFENSE: Lack of Identification

17. Plaintiff has failed to identify Defendant as the manufacturer or seller of the specific product that allegedly caused Plaintiff's injuries.

EIGHTEENTH AFFIRMATIVE DEFENSE: Sophisticated User

18. [If applicable] Plaintiff was a sophisticated user who knew or should have known of the risks associated with the product. No additional warning was required.

NINETEENTH AFFIRMATIVE DEFENSE: Failure to Mitigate Damages

19. Plaintiff failed to mitigate damages by:
    ☐ Failing to seek timely medical treatment
    ☐ Failing to follow medical advice
    ☐ Continuing to use the product after injury
    ☐ Other: [________________________________]

TWENTIETH AFFIRMATIVE DEFENSE: No Punitive Damages

20. Defendant's conduct does not warrant punitive damages. Defendant did not act with willful misconduct, malice, fraud, wantonness, oppression, or conscious disregard for the safety of others.

TWENTY-FIRST AFFIRMATIVE DEFENSE: Economic Loss Rule

21. [If applicable] Plaintiff's claims for economic losses are barred by the economic loss rule and must be pursued under contract law rather than tort law.

TWENTY-SECOND AFFIRMATIVE DEFENSE: Waiver/Release

22. [If applicable] Plaintiff waived or released any claims against Defendant by:
    ☐ Signing a release
    ☐ Accepting a settlement
    ☐ Other: [________________________________]

TWENTY-THIRD AFFIRMATIVE DEFENSE: Workers' Compensation Exclusivity

23. [If applicable] Plaintiff's exclusive remedy is workers' compensation, and tort claims against Defendant are barred.

TWENTY-FOURTH AFFIRMATIVE DEFENSE: Indemnification/Contribution

24. If Defendant is found liable, Defendant is entitled to indemnification and/or contribution from [________________________________].

RESERVATION OF RIGHTS

25. Defendant reserves the right to assert additional affirmative defenses as discovery proceeds and additional facts become known.

PART III: PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss Plaintiff's Complaint with prejudice;

2. Enter judgment in favor of Defendant on all claims;

3. Award Defendant costs of suit incurred herein;

4. Award Defendant reasonable attorneys' fees where permitted by law;

5. Grant such other and further relief as this Court deems just and proper.

JURY DEMAND

Defendant demands a trial by jury on all issues so triable.

DATED: [__/__/____]

Respectfully submitted,

________________________________________
[Attorney Name]
[Bar Number]
[Law Firm Name]
[Address]
[City, State ZIP]
[Telephone]
[Email]

Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Answer and Affirmative Defenses was served upon:

[Plaintiff's Counsel Name]
[Firm Name]
[Address]
[City, State ZIP]

☐ By personal service
☐ By U.S. Mail
☐ By overnight delivery
☐ By electronic service via [________________________________]
☐ By facsimile to [________________________________]

________________________________________
[Attorney Signature]

FILING CHECKLIST

☐ Answer reviewed and finalized
☐ All paragraphs of Complaint addressed
☐ Appropriate affirmative defenses asserted
☐ Jury demand included (if desired)
☐ Certificate of service completed
☐ Filing fee paid (if applicable)
☐ Copy served on Plaintiff's counsel
☐ Calendar deadline for filing confirmed

PRACTICE NOTES

Deadline:
Answer must typically be filed within 20-30 days of service (varies by jurisdiction; check local rules).

Affirmative Defenses:
Assert all potentially applicable defenses to preserve them. Defenses not raised may be waived.

Discovery:
Consider propounding initial discovery with or shortly after the Answer.

Reservation of Rights:
Always reserve the right to amend and assert additional defenses.

SOURCES AND REFERENCES

• Restatement (Third) of Torts: Products Liability
• Federal Rules of Civil Procedure