Arizona Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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Punitive Damages [Name of defendant] consciously pursued a course of conduct knowing that it created a substantial risk of significant harm to others. To prove this required state of mind by clear and convincing evidence, [name of plaintiff] must persuade you that the punitive damages claim is highly probable. PERSONAL INJURY DAMAGES 1 - State Bar of Arizona azbar.org ? media ? pi-damages-2018-1 azbar.org ? media ? pi-damages-2018-1
Arizona tort law operates on what is known as ?comparative negligence? rules. If you pursue damages for the costs of your injuries, the other party may claim that you share some of the blame. Under Arizona state law, the injured person may be found to be partly at fault for an accident.
To have the last clear chance the defendant must have knowledge and appreciation of the danger. 2' This knowledge may be actual or constructive. Constructive knowledge may be based on a duty to discover or on the standard of a reasonable man.
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim ing to the degree of negligence each party contributed to the incident.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED. PATTERN JURY INSTRUCTIONS - CRIMINAL CASES ojp.gov ? ncjrs ? virtual-library ? abstracts ojp.gov ? ncjrs ? virtual-library ? abstracts
Under Arizona's comparative negligence laws, an injured party is allowed to recover even if they are 99% at fault. The plaintiff's monetary damages are then reduced by the amount for which they are at fault. Arizona Negligence Laws - FindLaw findlaw.com ? state ? arizona-law ? arizona-... findlaw.com ? state ? arizona-law ? arizona-...
Stated simply, negligence per se is automatic negligence. In a standard negligence situation, you would have to establish a standard of care, and prove that the defendant failed to adhere to that standard of care. With negligence per se, the defendant's law-breaking behavior serves as automatic proof of negligence. How Negligence Per Se Works - Phoenix Personal Injury Lawyer hirschandlyonaccidentlaw.com ? injury-lawyers hirschandlyonaccidentlaw.com ? injury-lawyers
As discussed above, negligence requires you to prove that the defendant owed you a duty and that the defendant breached that duty. Under the doctrine of negligence per se, the defendant's law-breaking act serves to establish those first two elements automatically.