Ohio Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
The elements of a negligence lawsuit include: duty, breach of that duty, causation, and damages. If a tortfeasor violates a traffic statute, however, the first two elements of duty and breach are considered proven under ?negligence per se? standards.
In order for a person to be found guilty of common law negligence, the plaintiff needs to prove their case and show that the defendant acted in a manner that led to foreseeable harm. Negligence means that the defendant acted in a manner that led to the bodily or mental harm of another person.
Comparative negligence allows a person to recover damages as reduced by the person's own percentage of negligence. In Ohio, if a party is more than 50 percent at fault, recovery is not allowed.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Proving negligence requires showing the following elements: The alleged at-fault driver owed you a duty of care; The alleged at-fault driver acted negligently; and. The alleged at-fault driver's actions caused your injuries.
Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court.