Arkansas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a vital component of the legal framework in Arkansas. This instruction provides guidance to juries in cases where both the plaintiff and the defendant are deemed partially responsible for the damages incurred. Comparative negligence defense allows the jury to assess and allocate a percentage of fault to each party involved, impacting the final judgment and potential compensation awarded. In Arkansas, there are a few types of comparative negligence defenses used in different scenarios. They include: 1. Pure Comparative Negligence: Under this defense, also known as "pure comparative fault," the jury assigns a percentage of fault to both parties involved in the case, regardless of their respective degrees. Even if the plaintiff is found to be primarily at fault, they can still recover damages, although their compensation will be reduced according to their percentage of fault. 2. Modified Comparative Negligence (50% Bar Rule): This type of comparative negligence defense follows the 50% Bar Rule. According to this rule, the plaintiff is only eligible for compensation if they are found to be less than 50% responsible for the incident. If the plaintiff's level of fault reaches or exceeds 50%, they are barred from recovering any damages. 3. Modified Comparative Negligence (51% Bar Rule): Similar to the 50% Bar Rule, this defense adjusts the threshold for compensation eligibility. Under the 51% Bar Rule, the plaintiff will be barred from recovery if their percentage of fault surpasses 51%. If the plaintiff's responsibility is determined to be 50% or less, however, they can still seek damages, but the compensation awarded will be diminished based on their proportion of fault. These various types of comparative negligence defenses allow juries to consider the actions and contributions of both parties involved in an incident, ensuring a fair assessment of liability and subsequent compensation. It is important for jurors and legal professionals to familiarize themselves with these instructions to accurately evaluate cases and reach appropriate verdicts that align with Arkansas law.
Arkansas Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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