Delaware Jury Instruction - 1.1 Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11C-0-1-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Delaware Jury Instruction — 1.1 Comparative Negligence Defense: A Detailed Description In Delaware, the jury instruction 1.1 Comparative Negligence Defense plays a crucial role in civil lawsuits involving personal injury claims. This instruction guides the jury in evaluating and assigning liability when both the plaintiff and defendant are found to have contributed to the accident or injury in question. By incorporating keywords relevant to this topic, we can create a detailed description that accurately explains Delaware's application of the comparative negligence defense. Keywords: Delaware, jury instruction, comparative negligence defense, types, personal injury claims. Overview: The Delaware jury instruction 1.1 Comparative Negligence Defense allows the jury to fairly apportion responsibility for an accident or injury between the plaintiff and the defendant when both parties are deemed to have contributed to the incident. This defense is employed in civil lawsuits, particularly those involving personal injury claims, where determining comparative fault is vital to assessing damages. Types of Comparative Negligence Defense Instructions in Delaware: 1. Pure Comparative Negligence: Delaware follows the doctrine of pure comparative negligence. Under this rule, the jury is required to assign percentages of fault to both the plaintiff and the defendant based on their respective contributions to the accident. Even if the plaintiff is found to be more than 50% at fault, they can still recover damages, which will be reduced proportionately to their degree of liability. 2. Modified Comparative Negligence (50% Rule): In some instances, Delaware employs the modified comparative negligence approach known as the 50% rule. Under this rule, the plaintiff can only recover damages if their percentage of fault is less than or equal to 50%. If the jury determines the plaintiff to be 51% or more responsible for their injuries, they are barred from recovering any damages. Application of the Comparative Negligence Defense: To apply the comparative negligence defense, the court firstly instructs the jury on the concept of negligence, emphasizing that it is the failure to exercise reasonable care that contributed to the accident. The jury is then informed that they must determine the percentage of fault attributable to both the plaintiff and the defendant. During deliberations, the jury must consider the evidence presented, including witness testimonies, expert opinions, and any relevant documents, to determine each party's degree of fault. They should assess factors like a lack of attention, failure to follow safety regulations, speed, or any other factors established during the trial. Once the jury determines the percentage of fault for each party, they can assign a corresponding percentage of damages to be recovered by the plaintiff. Any damages awarded are then modified according to the plaintiff's portion of liability. It is important to note that the comparative negligence defense in Delaware is crucial for achieving a fair and just resolution in personal injury cases. By appropriately assigning liability based on each party's contribution, Delaware's legal system ensures that compensation aligns with the degree of fault involved in the accident or injury.