Florida Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
?Greater weight of the evidence? means the more persuasive and convincing force and effect of the entire evidence in the case. If it is determined that a Negligence instruction is appropriate in addition to a Product Liability (PL) instruction, use charge 3.5 on Negligence Issues as in Model Charge No. 8.
Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. This is the burden of proof in a civil trial.
Assumption of risk: whether (claimant) knew of the existence of the danger complained of; realized and appreciated the possibility of injury as a result of such danger; and, having a reasonable opportunity to avoid it, voluntarily and deliberately exposed [himself] [herself] to such danger.
768.725 Punitive damages; burden of proof. ?In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The ?greater weight of the evidence? burden of proof applies to a determination of the amount of damages.
Clear and convincing evidence is a higher standard of proof than the preponderance of the evidence standard, which only requires that enough facts are presented to make it more likely true than not. In contrast, clear and convincing evidence must be so strong as to remove any serious doubts about its truthfulness.
The greater weight of the evidence does not refer to the quantity of the evidence, but rather to the quality and convincing force of the evidence. It means that you must be persuaded, considering all of the evidence, that the necessary facts are more likely than not to exist.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...