Legal Definitions - statement of defense

A statement of defense is a formal legal document filed by a defendant in a civil lawsuit. It serves as their official response to the plaintiff's claims, outlining their version of events, denying specific allegations, and presenting any legal arguments or defenses they intend to use to counter the lawsuit. Essentially, it is the defendant's opportunity to formally explain why they believe they are not liable or why the plaintiff's claims are unfounded.

• Imagine a software development company (the plaintiff) sues a client (the defendant) for unpaid invoices, claiming the client failed to pay for completed work. In response, the client would file a statement of defense. This document might assert that the software delivered was faulty and did not meet the agreed-upon specifications, thus excusing them from payment, or that the plaintiff breached the contract first by failing to deliver on time.

  This example illustrates how the statement of defense allows the client to formally dispute the claim of unpaid invoices by presenting their own facts and legal justification for withholding payment.

• Consider a situation where a pedestrian (the plaintiff) sues a driver (the defendant) for injuries sustained in a crosswalk accident, alleging the driver was speeding. The driver would submit a statement of defense. In this document, the driver might deny speeding, claim that the pedestrian entered the crosswalk against a "Don't Walk" signal, or argue that the pedestrian's injuries were pre-existing or less severe than claimed.

  Here, the statement of defense enables the driver to formally challenge the allegations of negligence and present alternative facts or legal defenses, such as contributory negligence on the part of the pedestrian, to avoid or reduce liability.