Colorado Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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How to fill out Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk?
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FAQ
The doctrine of ?last clear chance? is another means of assigning fault in an accident. If the injured person was partially at fault, but the defendant still had a chance to avoid the accident, the injured person may still recover.
Colorado state law uses 50% modified comparative negligence. That means that if a driver is over 50% at fault for an accident, they give up their right to receive compensation for damages. Other states throughout the country have similar regulations in place regarding traffic accidents.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Under the last clear chance doctrine, a defendant will be liable despite the plaintiff's inattentive peril only if she had actual knowledge of the peril. Inattentive peril exists where a plaintiff, through his own negligence, is in a position of actual peril from which he could extricate himself if he were attentive.
The term rule of the last opportunity means the last opportunity to avoid an accident. If in a situation both the plaintiff and the defendant are negligent on their part and whosoever has the last opportunity of avoiding such consequences fails to do so will be held responsible for such accident solely.
Contributory negligence is a defense based on the plaintiff's failure to take reasonable care. Assumption of risk is a defense based on the notion that the plaintiff consented to the defendant's conduct, which annuls the plaintiff's theory of negligence.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
The doctrine considers which party had the last opportunity to avoid the accident that caused the harm. Therefore, a negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident.