North Dakota Jury Instruction - 1.1 Comparative Negligence Defense

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

North Dakota Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction that is given to the jury during a civil trial in the state of North Dakota. It provides guidance to the jury on how to assess and assign liability and damages when both the plaintiff and the defendant share some degree of fault for the alleged injuries or damages. The purpose of the North Dakota Jury Instruction — 1.1 Comparative Negligence Defense is to help the jury determine the extent to which each party contributed to the incident or event that gave rise to the lawsuit. It aims to ensure fairness in the apportionment of fault and to determine the appropriate amount of damages to be awarded. Key elements covered in the instruction include: 1. Comparative Negligence: The concept of comparative negligence recognizes that more than one party can be partially responsible for an incident or injury. It allows the jury to compare the negligence of each party involved and allocate fault percentages accordingly. 2. Proportional Damages: North Dakota follows the rule of comparative negligence known as "modified comparative fault." This means that if the plaintiff is found to be less than 50% at fault, their damages will be reduced by their assigned percentage of fault. However, if the plaintiff is determined to be 50% or more at fault, they are barred from recovering any damages. 3. Assessing Negligence: The instruction may guide the jury on the factors to consider when determining negligence, such as the actions or omissions of each party, the degree of care exercised, any violation of laws or regulations, and the reasonable foreseeability of the harm that occurred. Different types of North Dakota Jury Instruction — 1.1 Comparative Negligence Defense may include variations specific to different types of cases or industries. Some examples may include: — Comparative Negligence in Car Accidents: This instruction would focus on the specific factors related to driving behaviors, traffic regulations, and other considerations that are relevant in motor vehicle collision cases. — Comparative Negligence in Product Liability: This type of instruction would emphasize the duty of care owed by manufacturers, distributors, or sellers of defective products, and the degree to which the plaintiff's actions contributed to their own injury. — Comparative Negligence in Medical Malpractice: This instruction would address the standard of care expected from healthcare professionals, the importance of expert testimony, and the impact of the plaintiff's actions or failure to follow medical advice on their recovery. Ultimately, the North Dakota Jury Instruction — 1.1 Comparative Negligence Defense aims to provide clarity to the jury and facilitate fair and accurate determinations of fault and damages in civil cases involving shared negligence.