Oklahoma Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-7-7-1
• 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 — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial component in civil cases, helping the jury understand the concept of comparative negligence and its application in determining liability and damages. This instruction guides the jury in assessing the proportionate fault of each party involved in an accident or incident. The primary purpose of Oklahoma Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is to provide a fair and just system for allocating responsibility between the plaintiff and the defendant. It assists the jury in determining the level of negligence exhibited by each party and assigning a corresponding percentage of fault. This instruction is used in cases where multiple parties are potentially at fault for the incident in question. The jury must evaluate the evidence presented and decide the extent of negligence attributable to each party involved. The negligence percentages assigned to different parties will influence the amount of damages awarded to the plaintiff. There are different types of comparative negligence instructions that may be used within Oklahoma Jury Instruction — 7.7.1 General Instruction. These instructions include: 1. Oklahoma Jury Instruction — 7.7.1(A) Pure Comparative Negligence Defense: In this type of instruction, the jury is instructed to evaluate the negligence of each party involved in the case, regardless of their level of fault. Damages awarded to the plaintiff are then reduced by the percentage of negligence assigned to them. 2. Oklahoma Jury Instruction — 7.7.1(B) Modified Comparative Negligence Defense: This instruction follows the modified comparative negligence rule, commonly referred to as the "51% rule." Under this rule, the plaintiff can only recover damages if their negligence is less than or equal to that of the defendant. If the plaintiff's negligence exceeds a certain percentage, they are barred from recovering any damages. 3. Oklahoma Jury Instruction — 7.7©C) Diminished Capacity Comparative Negligence Defense: This instruction addresses cases in which the plaintiff's ability to exercise reasonable care is diminished due to factors such as age, disability, or mental impairment. It guides the jury on how to consider these circumstances when establishing the level of negligence and assigning percentages of fault. Oklahoma Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense plays a vital role in ensuring a fair resolution to civil cases by allowing the jury to assess the actions and responsibilities of each party involved. It helps in determining the appropriate allocation of fault and the subsequent awarding of damages, upholding the principles of justice and equitable compensation for all parties affected by the incident.