Oklahoma Jury Instruction - 1.1 Duty To Mitigate In General

• Category: Federal - Jury Instructions - Supplemental Damage
• State: Multi-State
• Control #: US-11C-1-1-0
• 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 Oklahoma Jury Instruction — 1.1 Duty To Mitigate In General is a legal instruction given to jurors in Oklahoma courts to guide them in determining the responsibilities and obligations of a plaintiff in a civil case. This instruction focuses on the duty of the plaintiff to take reasonable measures to minimize or mitigate their damages and losses, rather than allowing them to escalate unnecessarily. It outlines the responsibility of the plaintiff to act reasonably and prudently in preventing the worsening of their injuries, losses, or damages. Keywords: Oklahoma, jury instruction, duty to mitigate, general, plaintiff, civil case, damages, losses, mitigate, responsibility, reasonable, prudently, injuries There are no different types of Oklahoma Jury Instruction — 1.1 Duty To Mitigate In General; rather, this instruction serves as a general guideline applicable to various civil cases where a plaintiff seeks compensation for damages or losses. In specific types of cases, such as personal injury, contract disputes, or property damage claims, this instruction remains relevant and essential. Jurors receiving this instruction are reminded that a plaintiff cannot simply sit back and allow their damages to accumulate without making reasonable efforts to minimize them. They are instructed to carefully consider whether the plaintiff has acted reasonably in mitigating their damages, and whether they have taken all necessary steps to prevent further loss or injury. The duty to mitigate is a fundamental legal principle that encourages plaintiffs to be proactive and take reasonable steps towards limiting the extent of their damages or losses. However, this duty does not require the plaintiff to risk harm or endure extreme inconvenience. Instead, it emphasizes the importance of prudence and reasonable efforts in mitigating damages. Jurors must assess whether the plaintiff has taken appropriate measures within their control to mitigate their damages. For example, if a plaintiff is injured in a car accident, they may be expected to seek timely medical treatment, follow recommended therapies, and adhere to their healthcare provider's instructions. Failure to do so may be seen as a failure to mitigate damages. In the context of property damage claims, a plaintiff may be obliged to take reasonable preventative measures to minimize further loss or deterioration of their property. This might involve promptly repairing damages, securing the premises, or seeking professional assistance to prevent additional harm. Throughout the trial, the judge will emphasize the duty to mitigate and the importance of this principle in assessing the damages and legal responsibility. Jurors should diligently consider all the evidence and evaluate whether the plaintiff has fulfilled their duty to mitigate damages reasonably, following the applicable legal standards. In summary, the Oklahoma Jury Instruction — 1.1 Duty To Mitigate In General guides jurors in understanding the fundamental responsibility of a plaintiff to act reasonably and take necessary steps to mitigate their damages or losses. It emphasizes the need for prudent and proactive behavior while allowing for flexibility in certain circumstances. Assessing the plaintiff's compliance with this duty is crucial in determining the appropriate compensation for their claims.