Nebraska Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-1
• 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.

The Nebraska Jury Instruction 6.6.1 General Instruction — Comparative Negligence Defense is an important component of civil trials in Nebraska. This instruction relates to the concept of comparative negligence, which is a legal defense that apportions fault between multiple parties involved in a lawsuit based on their respective degrees of negligence. In Nebraska, there are two types of comparative negligence: ordinary and slight/gross negligence. Ordinary comparative negligence applies when the plaintiff's negligence is equal to or less than the combined negligence of all defendants. Under this type, the plaintiff's damages are reduced proportionally to their percentage of fault. On the other hand, under slight/gross negligence comparative negligence, if the plaintiff's negligence is found to be 5% or less and the defendants' collective negligence is found to be 95% or greater, the plaintiff is entitled to full compensation. However, if the plaintiff's negligence exceeds 5%, they are barred from recovering any damages. Nebraska Jury Instruction 6.6.1 General Instruction — Comparative Negligence Defense guides the jury in determining the degree of fault of both the plaintiff and the defendants. It emphasizes the principle that the plaintiff must exercise reasonable care for their own safety and avoid any unreasonable risks that may contribute to the accident or injury. The instruction encourages the jury to assess and allocate percentages of fault to each party based on the evidence and arguments presented during the trial. It is important for the jury to carefully evaluate the evidence, assess the credibility of witnesses, and consider the nature of the plaintiff's and defendants' actions to accurately determine the extent of fault and apply the appropriate form of comparative negligence. By doing so, the jury ensures a fair and equitable allocation of responsibility and assists in reaching a just verdict. In summary, the Nebraska Jury Instruction 6.6.1 General Instruction — Comparative Negligence Defense provides essential guidance to the jury regarding the allocation of fault between the plaintiff and defendants in a civil trial. By considering the evidence and following the instruction, the jury determines the appropriate percentage of fault and applies the relevant type of comparative negligence to ensure a fair and just outcome.