Affirmative Defense in Civil Litigation

Definition: A defense raised by the defendant in a civil action that introduces new facts or legal theories to defeat the plaintiff's claim, even if the plaintiff's allegations are true. Must be specifically pleaded in the answer or the defense is waived.

Return to Glossary

Barnes Walker legal reference book
#ABCDEFGHIJKLMNOPQRSTUVWXYZ

Affirmative Defenses in Florida Civil Litigation

Affirmative defenses are essential tools in Florida civil litigation that allow defendants to defeat or limit claims even when the plaintiff's factual allegations are true. Florida's 2023 tort reform legislation significantly strengthened several key defenses.

Post-Reform Defense Landscape

House Bill 837 (2023) transformed Florida's defense toolkit. The shift to modified comparative negligence means plaintiffs who are more than 50% at fault in negligence cases recover nothing, a dramatic change from the prior pure comparative negligence system. The reduction of the general negligence statute of limitations from four years to two years makes the limitations defense easier to establish.

Defense Selection Strategy

Effective Florida defense counsel evaluates every available affirmative defense early in the case. Dispositive defenses like limitations and res judicata are prioritized because they can eliminate the case on summary judgment. Damages-reducing defenses like comparative fault and failure to mitigate are preserved for trial. Contract-specific defenses like waiver, estoppel, and accord and satisfaction depend on the particular transaction and communications between the parties.

Related Terms

Barnes Walker Litigation

Barnes Walker's civil litigation team leverages Florida's full range of affirmative defenses for clients. Contact us for comprehensive defense representation.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

Trust • Experience • Results

Ready to Get Started?

Contact our team for a consultation. We'll guide you through the process.

Legal Inquiry Title Inquiry