Oklahoma 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.

Oklahoma Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial legal concept employed in civil cases in Oklahoma to allocate liability in cases involving multiple parties. This instruction lays down guidelines for the jury to determine the extent of fault and proportionate responsibility each party holds in causing the harm or injuries suffered by the plaintiff. Comparative negligence is a defense mechanism that allows the defendant to lessen their liability by demonstrating that the plaintiff also contributed to their own injuries or damages. Essentially, it asserts that the plaintiff's actions were partially negligent and therefore, they should bear a proportionate share of the blame for the incident. Oklahoma recognizes two primary forms of comparative negligence instructions: pure comparative negligence and modified comparative negligence with a 50% bar rule. 1. Pure Comparative Negligence: In this form, the jury determines the percentage of fault attributable to each party involved in the case. Even if the plaintiff is found to be 99% at fault, they can still recover damages, but the amount will be reduced by their degree of responsibility. For instance, if the plaintiff is awarded $100,000 but found to be 40% at fault, their final recovery would be $60,000 ($100,000 — 40% = $60,000). 2. Modified Comparative Negligence with a 50% Bar Rule: Under this rule, the plaintiff can recover damages only if their fault is determined to be equal to or less than the combined fault of all other parties involved. If the plaintiff's fault is found to be greater than 50%, they are barred from recovering any damages. However, if their fault is 50% or less, their recovery will be reduced by their proportionate responsibility. For example, if the plaintiff is awarded $100,000 but found to be 60% at fault, they will not be entitled to any compensation. It is essential to note that these different types of comparative negligence instructions may vary depending on the specific circumstances of the case and the court's discretion. Jurors must carefully analyze the evidence presented and assess each party's contribution to the incident to arrive at a fair and equitable decision. In conclusion, Oklahoma Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense plays a vital role in distributing liability in civil cases. By considering the varying degrees of fault, it ensures a fair allocation of responsibility between the parties involved. The two primary types of comparative negligence instructions in Oklahoma are pure comparative negligence and modified comparative negligence with a 50% bar rule, each carrying its own implications for the case outcome.