This form is a sample set of jury instructions regarding the type of damages to be awarded.
Iowa Jury Instruction - Personal Injury
State:
Multi-State
Control #:
US-PI-0273
Format:
Word;
Rich Text
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FAQ
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
Contributory negligence can be a complex issue, but a simple example of this is in road traffic accident claims where the claimant has failed to wear a seatbelt. The court will deduct 25 per cent for contributory negligence if it's agreed the claimant would not have suffered any injury had they been wearing a seatbelt.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
8.6 The basic principle underlying the defence of contributory negligence is that people should take reasonable care for their own safety as well as for that of others.
Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation.
Plaintiff's contributory fault reduces their damages in proportion to their degree of fault. However, it does not completely bar recovery. Fault is assigned by percentages, and the amount that a plaintiff can recover is reduced by the percentage at which they are found to be at fault.