Missouri Jury Instruction — 2.2 With Comparative Negligence Defense is a legal instruction that guides jurors in cases where the defendant argues that the plaintiff's own negligence contributed to the harm or injuries they suffered. This instruction provides guidance on how to consider and apportion fault between the parties involved in the case. With the Comparative Negligence Defense, the jury is instructed to evaluate the actions of both the plaintiff and the defendant in causing the harm or injuries. The jury is asked to assign a percentage of fault to each party based on their assessment of who was responsible for the incident. This defense allows for a reduction in the damages awarded to the plaintiff based on their own degree of fault. To give a clear understanding of the instruction, two types of Missouri Jury Instruction — 2.2 With Comparative Negligence Defense can be distinguished: 1. Missouri Jury Instruction — 2.2 With Comparative Negligence Defense — Independent Negligence: This instruction is used when both the plaintiff and the defendant's negligence are considered as separate causes of the harm or injuries. The jury is asked to evaluate the actions of each party individually and determine their respective percentages of fault. 2. Missouri Jury Instruction — 2.2 With Comparative Negligence Defense — Combined Actions: This instruction is utilized when the harm or injuries are the result of the combined actions of both the plaintiff and the defendant. The jury is instructed to consider the totality of both parties' actions and allocate fault accordingly. The Comparative Negligence Defense is a critical component in personal injury cases, as it allows for a fair assessment of fault and reduces the damages awarded to the plaintiff based on their own contribution to the incident. By using Missouri Jury Instruction — 2.2 With Comparative Negligence Defense, the jury is provided with guidance on how to assess the proportionate fault between the parties involved, ensuring a just and equitable outcome.
Missouri Jury Instruction - 2.2 With Comparative Negligence Defense
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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.
Missouri is a pure comparative negligence state, while it recognizes the legal doctrine of "comparative negligence." Under this doctrine, a plaintiff who is partially responsible for their own injuries may only collect damages in proportion to the defendant's degree of fault.
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.
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.
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%.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Missouri follows pure comparative negligence, which means that even if you are at some sort of fault for your accident, you can receive compensation. If the injured party was at fault in some way, damages received would be deducted in relation to the injured party'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.