affirmative defense

A fact or issue that is a valid defense to a claim even assuming the alleged facts asserting liability are true. For example, despite a defendant's negligence in causing an automobile accident, the plaintiff's contributory negligence may establish an affirmative defense to a bodily injury claim if it is proven that the plaintiff would have suffered no injuries had he or she been wearing a seatbelt. Other affirmative defenses include assumption of risk and statute of limitations. See also Comparative negligence; Contributory negligence.