Illinois Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk Illinois jury instruction 2.1 with defenses of misuse and assumption of risk is a legal guideline in Illinois courts that provides instructions to the jury regarding specific defenses available to defendants in personal injury cases. These defenses include the concepts of misuse and assumption of risk. Misuse refers to the situation where the plaintiff's injury resulted from their own intentional or unreasonable use of a product, thereby relieving the defendant of liability. This defense can be raised if the defendant can prove that the plaintiff knew or should have known about the potential dangers associated with the use of the product and still used it in a way that caused their injury. Assumption of risk, on the other hand, is a defense that defendant can assert when the plaintiff willingly and knowingly exposed themselves to a known risk of harm. If the defendant can establish that the plaintiff had full knowledge of the potential dangers involved in an activity or situation and voluntarily chose to engage in it anyway, they may not be held liable for any resulting injuries. These defenses can be utilized in a wide range of personal injury cases, including product liability, premises liability, and even some medical malpractice cases. By invoking these defenses, defendants aim to undermine the plaintiff's claims of negligence or faulty design by asserting that the plaintiff's misuse of the product or their assumption of the risks associated with the activity were the true causes of their injuries. It is important to note that different variations of Illinois jury instruction 2.1 may exist depending on the facts of the case, the specific legal arguments made by the parties, and the judge's discretion. Some variations of this instruction may include modifications or additions to reflect the unique circumstances of the case or to address additional defenses that may be available. In summary, Illinois jury instruction 2.1 with defenses of misuse and assumption of risk plays a crucial role in personal injury cases by providing guidance to the jury on considering the potential negligence of the plaintiff and their own assumption of the risks involved in the situation. This instruction ensures that the jury evaluates all relevant aspects of the case before reaching a fair and just verdict.
Illinois Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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FAQ
Assumption of Risk: The defendant must show that (i) the plaintiff knew and appreciated the risk created by the alleged product defect, and (ii) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.
Under express assumption of risk, plaintiff and defendant explicitly agree, in advance, that defendant owes no legal duty to plaintiff and therefore, that plaintiff cannot recover for injuries caused either by risks inherent in the situation or by dangers created by defendant's negligence.
Assumption of the risk is an affirmative defense that the defendant can allege in order to defeat a plaintiff's recovery in a negligence lawsuit. The defendant can claim that the plaintiff assumed the risk when the plaintiff consented to a known risk.
In its primary meaning, the injured person's conduct in assuming a particular risk is reasonable, the defense being a denial that the defendant was negligent. The defendant states that he was under no duty or that he breached no duty of protecting the plain- tiff against the source of his injury.
Illinois has adopted modified comparative negligence (735 ILCS 5/2-1116) as the standard for recovery of damages. Under modified comparative negligence, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages.
Exceptions To The Assumption Of Risk Doctrine Additionally, a defendant can't use an assumption of risk defense if their behavior was intentional or reckless. For example, they couldn't apply this defense if the defendant was intentionally messing with the plaintiff's climbing rope, causing them to fall.
Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
A helpful tip is to remember that an affirmative defense cannot stand on its own if the complaint is dismissed. Section 2-613 of the Code of Civil Procedure outlines examples of affirmative defenses, including payment, release, discharge, fraud, duress, laches, and statute of frauds. 735 ILCS 5/2-613.