Montana Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is an essential legal guideline utilized in Montana's judicial system. This instruction addresses the concept of comparative negligence and its application in determining liability and damages in civil cases. Keywords: Montana, jury instruction, 6.6.1, general instruction, comparative negligence defense. Comparative negligence is a legal principle that allows the jury to assign a percentage of fault to each party involved in a civil case based on their respective degree of negligence. Montana's law follows the modified comparative negligence rule, specifically the 51% bar rule. This means that a plaintiff's negligence will not bar recovery if it is determined that their fault is less than 50%. The Montana Jury Instruction — 6.6.1 provides judges with guidance on instructing the jury about the comparative negligence defense. It outlines the following key aspects: 1. Definition of comparative negligence: This instruction explains that comparative negligence refers to the negligence of the plaintiff and/or defendant that contributed to the occurrence of the accident or injury. 2. Allocating fault: The instruction explains that the jury must determine the degree of fault, expressed as a percentage, attributable to each party involved. The plaintiff's negligence, if any, is considered in this assessment. 3. Determining damages: The instruction directs the jury to reduce the plaintiff's recoverable damages by their assigned percentage of fault. For instance, if the plaintiff's negligence is assessed at 20%, and they are awarded $100,000 in damages, their recovery would be reduced to $80,000. It is important to note that the specific content and wording of the Montana Jury Instruction — 6.6.1 may vary depending on the type of case and the circumstances involved. While this instruction generally covers the principles of comparative negligence, there might be specific variations for different types of cases, such as medical malpractice, personal injury, product liability, or premises liability cases. In conclusion, the Montana Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial guideline that explains the concept of comparative negligence and its application in civil cases. It aids the judge in instructing the jury on allocating fault and determining damages based on the percentage of negligence attributed to each party.
Montana Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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