What are "affirmative defenses" in Ohio law?

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Affirmative defenses in Ohio law are specific defenses raised by a defendant that, if proven, can completely negate or eliminate the plaintiff's claim. This means that unlike a regular defense that may simply counter evidence presented by the plaintiff, an affirmative defense introduces new facts or arguments, which, when established, will absolve the defendant from liability.

For instance, if a defendant claims self-defense in an assault case, this is an affirmative defense. The defendant must present evidence supporting the claim of having acted in self-defense, which, if convincing, would bar the plaintiff from succeeding in their claim for damages. Other common examples of affirmative defenses include duress, necessity, and statute of limitations, as these all assert reasons why the defendant should not be liable despite potentially committing the act in question.

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