Arkansas Jury Instruction — 2.2 With Comparative Negligence Defense is a crucial component of the legal process in Arkansas, providing guidance to judges and jurors when determining fault and liability in personal injury cases. This jury instruction specifically addresses the concept of comparative negligence, which is a legal defense that allows the defendant to argue that the plaintiff's own negligence contributed to their injuries or damages. In cases involving comparative negligence, the Arkansas Jury Instruction — 2.2 states that both parties involved in the lawsuit—plaintiff and defendant—must be assigned a percentage of fault for the incident. This percentage represents the degree to which each party's actions contributed to the harm suffered by the plaintiff. The purpose of Arkansas Jury Instruction — 2.2 is to guide the jury in properly assessing the evidence and determining the comparative fault percentages. It aims to ensure that the legal principles of fairness and justice are upheld during the deliberation process. By understanding this instruction, jurors can make an informed decision by considering the shared responsibility between the plaintiff and the defendant. There are no known variations or specific types of Arkansas Jury Instruction — 2.2 With Comparative Negligence Defense. However, it is essential to note that jury instructions are periodically revised and updated to align with any changes in Arkansas laws. Therefore, it is advisable for legal professionals to stay informed about any modifications or additions to the instructions that may occur over time. To summarize, Arkansas Jury Instruction — 2.2 With Comparative Negligence Defense is an instruction used in personal injury cases in Arkansas to determine fault and liability. This instruction ensures that the concept of comparative negligence is properly applied, allowing both the plaintiff and defendant to be assigned a percentage of fault. Through the guidance of this instruction, juries can make fair and just decisions by considering the shared responsibility of each party involved.
Arkansas Jury Instruction - 2.2 With Comparative Negligence Defense
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Hear this out loud PauseFor example, if you are supposed to avoid lifting anything greater than 5 pounds while recovering from spine surgery and you fail to follow your doctor's orders and help your friends move houses and this contributes to the harm caused by a spinal fluid leak, you may be comparatively negligent and held partially ...
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Hear this out loud PauseThere are two types of comparative negligence that are used when assessing liability: Pure comparative negligence and partial comparative negligence. Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence.
Hear this out loud PauseNot wearing the seat belt does not cause the accident, but it contributes to the damage (the injury in this example). Another example is where an employee has failed to wear safety equipment. An accident occurs for other reasons, but the failure to wear safety equipment contributes to the injury, not the accident.
In Arkansas, the modified comparative fault rule applies when an accident victim is found to be 49 percent or less at fault for the crash. If the accident victim is at least 50 percent liable for the collision, he or she cannot pursue damages from other involved parties.
Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Hear this out loud PausePure comparative negligence example: Driver 1 and Driver 2 get into an accident in New York. Driver 1 has $1000 worth of damages and is found to be 47% at fault for the accident. Driver 2 has $700 in damages and is found to be 53% at fault for the accident.