Affirmative Defenses in Florida Litigation
An affirmative defense is a legal argument that, if established, negates or limits the defendant's liability even if the plaintiff proves every element of their claim. Florida Rule of Civil Procedure 1.110(d) requires defendants to plead affirmative defenses in their answer or risk waiving them.
Common Affirmative Defenses
Florida litigation involves dozens of recognized affirmative defenses. The most frequently raised include statute of limitations (the claim was filed too late), comparative negligence (the plaintiff's own fault contributed to the harm), accord and satisfaction (the debt was already settled), waiver (the plaintiff abandoned the right to enforce), estoppel (the plaintiff is barred by prior inconsistent conduct), and failure to mitigate damages.
Pleading Requirements
Florida Rule 1.110(d) lists 20 specific affirmative defenses that must be raised in the answer. Defendants should plead all potentially applicable defenses to avoid waiver, even if some seem unlikely to succeed at the pleading stage. Each affirmative defense should be stated as a separate numbered paragraph with sufficient factual detail to put the plaintiff on notice of the defense's basis.
Related Terms
Barnes Walker Litigation
Barnes Walker's litigation team identifies and pleads effective affirmative defenses for clients throughout Southwest Florida. Contact us for defense strategy guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC