New Hampshire Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11C-0-2-1
• 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.

New Hampshire Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk is a legal instruction given to a jury in New Hampshire when considering a case involving the defenses of misuse and assumption of risk. These defenses are often raised by defendants in personal injury cases to argue that the plaintiff's own actions contributed to their injuries, thereby reducing or negating the defendant's liability. Misuse and assumption of risk are two different legal concepts that can be raised as defenses in a personal injury case. While they have some similarities, they are distinct in nature. Misuse is the defense that the injury suffered by the plaintiff was a result of the plaintiff's improper, unreasonable, or unintended use of the product, equipment, or property that caused the harm. The defendant may argue that the plaintiff failed to follow instructions, operated machinery without proper training, or used the product in a manner not intended by the manufacturer or designer. To successfully raise the defense of misuse, the defendant must show that the plaintiff's conduct was the cause of the injury and that it was not reasonably foreseeable. Assumption of risk, on the other hand, is the defense that the plaintiff willingly and knowingly assumed the risk of potential harm when engaging in an activity. In other words, the defendant argues that the plaintiff voluntarily chose to expose themselves to a known danger and should bear some or all of the responsibility for any resulting injuries. For example, if the plaintiff participated in a high-risk sporting activity and signed a waiver acknowledging the potential risks involved, the defendant may assert assumption of risk as a defense. In a New Hampshire personal injury trial, the judge will instruct the jury on the law related to these defenses using New Hampshire Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk. The specific instructions may differ depending on the circumstances and facts of the case, but the purpose remains the same — to guide the jury in evaluating whether the defendant should be held liable for the plaintiff's injuries, considering the possible influences of misuse and assumption of risk. The use of New Hampshire Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk ensures that the jury is properly informed about these defenses, enabling them to make an informed decision based on the evidence presented during the trial. These instructions help maintain fairness in personal injury cases by ensuring that the jury understands the legal principles surrounding the defenses of misuse and assumption of risk, and how they may impact the determination of liability. In conclusion, New Hampshire Jury Instruction — 2.1 With Defenses Of Misuse And Assumption Of Risk provides guidance to juries in personal injury cases where the defense raises the issues of misuse and assumption of risk. The instruction helps clarify the legal framework for evaluating these defenses, allowing the jury to assess the defendant's liability based on the plaintiff's conduct and knowledge of the risks involved. By providing clear and accurate instructions, the court promotes a fair trial process and enables the jury to make an informed decision.