Colorado Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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How to fill out Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff And Defendant Claim Damages Or When Damages Are Not An Issue?
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FAQ
Generally, a plaintiff's negligence per se claim must show: The defendant violated a law or regulation designed to protect against the alleged harm. The plaintiff belongs to the class that the law or regulation was intended to protect. The violation caused the plaintiff's injury.
Some examples of negligence per se would be speeding or a doctor leaving a sponge inside their patient during operation. Speeding is against public policy and is negligent because there is a public duty to abide by the traffic rules.
Understanding the Duty to Mitigate In Colorado, a failure to mitigate damages is a defense that may be employed. It requires the defendant to prove the plaintiff had neglected his or her duties. A defendant may assert that the plaintiff failed to make a reasonable effort to minimize further injury or expenses.
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 Elements of Negligence Per Se The violation caused the plaintiff's injury; The act caused the kind of harm the statute was designed to prevent; and. The plaintiff was a member of the statute's protected class.
Colorado prohibits a defendant or its insurer from reducing a plaintiff's damages due to a preexisting condition if the injury caused that condition to get worse. This is commonly called the ?eggshell? plaintiff rule or the ?thin skull? doctrine.
Some jurisdictions narrow the definition down to three elements: duty, breach and proximately caused harm. Some jurisdictions recognize five elements, duty, breach, actual cause, proximate cause, and damages. However, at their heart, the various definitions of what constitutes negligent conduct are very similar.
These are duty of care, breach and causation. If a plaintiff successfully proves these three elements, then the final part of a negligence claim involves damages.