New York 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.

New York Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is an essential component of New York's legal system that guides juries in cases where the defense of comparative negligence is invoked. This instruction ensures that jurors understand the principles of comparative negligence and can properly assess the liability of the parties involved in a lawsuit. Comparative negligence is a legal doctrine that allows for the allocation of fault and damages in personal injury cases. Under this defense, the jury determines the percentage of responsibility that each party bears for the accident or injury. The damages awarded to the plaintiff are then reduced by their assigned percentage of fault. The specific instructions provided to the jury in New York regarding the defense of comparative negligence may vary depending on the circumstances of the case. However, some key elements that might be covered include: 1. Definition of Comparative Negligence: The jury is instructed on the basic concept of comparative negligence, which involves assigning fault to multiple parties based on their respective degrees of negligence. 2. Evaluation of Fault: The jury is tasked with evaluating the actions and conduct of all involved parties to determine their contribution to the accident or injury. This evaluation should be based on the evidence presented during the trial. 3. Assessment of Percentage of Fault: The jury calculates the percentage of fault attributable to each party involved. This determination helps in assigning appropriate levels of responsibility and impacts the final damages awarded. 4. Apportionment of Responsibility: The jury ensures that each party's percentage of fault accurately reflects their contribution to the accident. It is essential to make a fair and proportionate allocation of liability. 5. Impact on Damages: The jury is instructed to consider the comparative negligence defense when awarding damages to the plaintiff. The damages will be reduced by the percentage of fault attributed to the plaintiff. It is important to note that New York follows the pure comparative negligence doctrine, which means that even if the plaintiff is partially at fault, they can still recover damages, albeit reduced by their assigned percentage of fault. Different types of New York Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense may exist based on various factors specific to each case, such as the type of accident (e.g., car accident, slip and fall), the nature of injuries, and the parties involved. The instructions will be tailored to ensure clarity and fairness in each instance. Legal professionals and judges rely on these instructions to guide the jury's decision-making, ensuring that the principle of comparative negligence is applied accurately and consistently across cases.