Colorado Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue: This jury instruction is relevant in cases where both the plaintiff and defendant claim damages or when damages are not at issue. It outlines the duty of the jury to deliberate on these matters and make a fair determination. Colorado recognizes the importance of impartial and diligent jury deliberation. When both the plaintiff and defendant claim damages, or when damages are not in dispute, jurors have a responsibility to carefully assess the evidence presented, consider the law, and reach a just verdict. In cases where both parties claim damages, the jury is tasked with evaluating the evidence put forth by each side and deciding on the appropriate damages awarded. They must consider factors such as the nature and extent of the alleged harm, the amount of financial loss, and any non-economic damages claimed such as pain and suffering. Furthermore, when damages are not an issue, the jury still plays a crucial role in determining liability and assessing any non-monetary remedies sought by the plaintiff. In such cases, the jury's responsibility is to carefully review the evidence, assess the credibility of witnesses, and consider the legal principles presented during the trial. Different types of Colorado Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue may include: 1. Duty to Deliberate on Damages: This instruction emphasizes the jury's obligation to deliberate specifically on the issue of damages claimed by both the plaintiff and defendant. It guides jurors on weighing the evidence, calculating financial losses, and deciding upon fair compensation. 2. Duty to Deliberate on Liability: In cases where damages are not at issue, this instruction focuses on the jury's duty to deliberate exclusively on liability. It directs jurors to consider negligence, fault, or other legal elements relevant to the claims made by the plaintiff. Overall, Colorado Jury Instruction — 7.2 underscores the importance of careful and diligent jury deliberation in cases where both parties claim damages or when damages are not in dispute. Jurors play a vital role in assessing evidence, considering the law, and reaching a just verdict. Their duties include evaluating damages, determining liability, and ensuring that justice is served.
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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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.