Maryland Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11C-0-2-1
• 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.

Maryland Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk is a legal instruction provided to the jury in Maryland during a civil trial involving claims of injury or damages. This instruction is commonly used when the defendant asserts defenses of misuse and assumption of risk. The purpose of this instruction is to educate the jury about these defenses, their elements, and how they may impact the plaintiff's case. Defenses of Misuse and Assumption of Risk: 1. Misuse Defense: The misuse defense refers to the defendant's claim that the plaintiff's own actions or decisions contributed to their injury. It involves demonstrating that the plaintiff, through their own negligence or recklessness, used the product or engaged in an activity in a manner that deviated from the intended or reasonable use. This defense implies that the defendant should not be held fully responsible for the resulting harm since the plaintiff was partially at fault due to misuse. 2. Assumption of Risk Defense: The assumption of risk defense asserts that the plaintiff knowingly and voluntarily assumed the inherent dangers associated with a particular activity or situation, thereby absolving the defendant of liability. It requires the defendant to prove that the plaintiff had full knowledge of the potential risks involved, understood them, and willingly accepted the possibility of injury or harm. Components of Maryland Jury Instruction — 2.1 With Defenses of Misuse and Assumption of Risk: The instruction typically consists of the following key components: 1. Explanation of Defenses: The instruction begins by explaining the concepts of misuse and assumption of risk, ensuring the jury understands the two defenses being invoked by the defendant. 2. Elements of Misuse Defense: The instruction then outlines the elements the defendant must establish to support their claim of misuse, such as demonstrating that the plaintiff used the product or engaged in the activity in a manner inconsistent with its intended purpose or reasonable use. It may also include considerations of the plaintiff's knowledge and understanding of the correct usage. 3. Elements of Assumption of Risk Defense: Next, the instruction identifies the elements necessary for the defendant to prove the assumption of risk defense. This may include presenting evidence that the plaintiff was aware of the risks involved, comprehended their severity, and voluntarily chose to proceed despite such knowledge. 4. Impact on Plaintiff's Case: The instruction advises the jury on how the presence of these defenses should affect their assessment of the plaintiff's claims. It clarifies that if the jury finds either defense proven, it may reduce the defendant's liability or even absolve the defendant of any responsibility for the plaintiff's injuries. It is essential to note that specific variations or modifications of Maryland Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk may exist based on the unique aspects of each case. Therefore, consulting with legal professionals to ensure accuracy and applicability is recommended.