Massachusetts Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-7-7-1
• 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.

Massachusetts Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a set of guidelines provided to jurors regarding cases involving the defense of comparative negligence. This instruction assists jurors in understanding how to assess the liability and apportionment of damages when multiple parties may be found negligent in a personal injury or tort case in Massachusetts. When more than one party is involved in a lawsuit, the Massachusetts Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense helps jurors understand how to evaluate the extent of fault for each party. This instruction emphasizes the principle that if the plaintiff is found partially at fault for their own injury, their recovery of damages will be reduced accordingly. This general instruction provides jurors with key information related to comparative negligence cases, including: 1. Definition and explanation of comparative negligence: The instruction defines comparative negligence as the plaintiff's own negligence contributing to their injury and explains that this defense aims to compare and apportion the fault among all parties involved. 2. Burden of proof: It explains that the defendant, who is asserting comparative negligence as a defense, carries the burden of proving that the plaintiff's negligence contributed to their injury. 3. Determining the percentage of fault: Jurors are instructed to determine the percentage of fault for each party involved, including the plaintiff. They are instructed to assign a percentage of fault to each party that contributed to the incident, including any non-parties who may have contributed. 4. Assessing the damages: The instruction guides jurors on how to calculate damages based on the percentage of fault assigned to each party. The plaintiff's recoverable damages will be reduced by their assigned percentage of fault. There may be different variations or versions of Massachusetts Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense depending on specific circumstances or changes in state law. However, the core principles mentioned above are typically covered in any iteration of this instruction. It is important to note that the specific language and details of the instruction may vary over time, so it is crucial for jurors to follow the judge's instructions based on the most current version provided during the trial. Overall, Massachusetts Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense provides jurors with a framework to understand and apply the concept of comparative negligence in personal injury cases, ensuring a fair assessment of fault and appropriate apportionment of damages among all parties involved.