Affirmative Defenses

Factual Situation:
Two minors, Bill Jones and Robert Smith, were killed when a soft drink vending machine fell on them and crushed them. At the time that the machine fell on them, they were rocking the machine back and forth and side to side, attempting to steal soft drinks and/or money from the machine. The boys’ parents filed a wrongful death action against the vending machine owner for negligence. What, if any, are the affirmative defenses available to the owner of the vending machine?


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