Illinois Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction provided to the jury in civil cases in the state of Illinois. This instruction pertains to cases where the defense argues that the plaintiff's own negligence contributed to the harm or damages they are claiming. The purpose of this instruction is to guide the jury in understanding the concept of comparative negligence and its impact on the plaintiff's recovery. Comparative negligence is a legal principle that allows for the allocation of fault between the parties involved in an accident or incident. The Illinois Jury Instruction — 1.1 Comparative Negligence Defense informs the jury that if they find the plaintiff to be partially negligent for their own injury or damages, the amount of compensation awarded should be reduced in proportion to their level of fault. In other words, the plaintiff's own negligence reduces the amount of damages they can recover. This instruction highlights the importance of determining the degree of fault in a case and the potential impact it can have on the plaintiff's recovery. It helps the jury understand that even if they find the defendant to be partially at fault, the plaintiff's own negligence must be considered in the final damages awarded. Different types of Illinois Jury Instruction — 1.1 Comparative Negligence Defense may include variations depending on the specific circumstances of the case. For example, there could be different instructions for cases involving motor vehicle accidents, medical malpractice, premises liability, or product liability. It is crucial for the jury to carefully consider the evidence presented and evaluate the comparative negligence defense in light of the particular facts and circumstances of the case. They must determine the percentage of liability attributed to each party involved and adjust the damages accordingly. Overall, the Illinois Jury Instruction — 1.1 Comparative Negligence Defense plays a significant role in guiding the jury's decision-making process in civil cases. It ensures that fairness and accountability are upheld by recognizing and considering the plaintiff's own contribution to the harm suffered and the subsequent impact on the damages awarded.
Illinois Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
Contributory negligence is a legal defense that comes into play in some personal injury cases. Under this defense, if the person who was hurt did anything themselves that contributed to the accident or injury, then the defendant is not responsible for the injury.
Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the doctrine of comparative negligence.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
There are two types of comparative negligence that are used when assessing liability: Pure comparative negligence and partial comparative negligence. Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence.
The Court adopted the ?pure form? of comparative negligence as the law in Illinois. Any contributory negligence chargeable to a plaintiff diminishes proportionately the amount awarded as compensatory damages, but no longer entirely bars recovery.
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court.
Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay.