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 (BI) 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.