Minnesota Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
Because defendant has charged the plaintiff with negligence, it is his/her burden to prove that plaintiff was negligent and that such negligence was a proximate cause of the accident. Defendant also must prove his/her charge by a preponderance or greater weight of the credible evidence.
The four basic elements in a negligence case in Minnesota are: duty, breach of duty, injury or harm, and proximate cause. Foreseeability is also an important consideration.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.
As an example, a claim for property lost to fire after the insured was informed of faulty wiring but chose not to repair it may be considered negligent. Courts must decide how much damage was caused by the policyholder's behavior?which is the essence of contributory negligence?and payment could be reduced or denied.
However, Minnesota follows the modified comparative negligence approach. This means that Minnesota does not bar your negligence claim so long as a judge or jury does not determine that you were more than 50% at fault for the accident/injuries.
Comparative negligence states use the assigned blame to limit the amount of damages a plaintiff can recover. For example, if the judge assigns 70% fault to the defendant and 30% to the plaintiff, the plaintiff may only be able to recover 70% of the damages, rather than the full 100%.
Partial Comparative Negligence: A concept which completely bars recovery if the plaintiff's percentage of fault is greater than the defendant's percentage of fault.
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.