Oregon Jury Instruction - 2.2 With Comparative Negligence Defense

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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.

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FAQ

First, the other elements of a negligence claim, such as injury and causation, must still be proved. Additionally, negligence per se will apply only if the statute that is violated was intended to protect against the type of danger that occurred and if the plaintiff is in the class of persons intended to be protected.

Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages. Comparative & Contributory Negligence in Personal Injury ... justia.com ? injury ? negligence-theory ? co... justia.com ? injury ? negligence-theory ? co...

In a civil personal injury claim in Oregon, there are three basic elements to a negligence claim: 1. Fault; 2. Damages; 3. ?Causation? (which is the connection between the fault and the damages elements).

Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay. Understanding Comparative Negligence - Bisnar Chase bestattorney.com ? resources ? understandin... bestattorney.com ? resources ? understandin...

For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages. Comparative Negligence - Illinois Department of Insurance illinois.gov ? consumers ? consumerinsurance illinois.gov ? consumers ? consumerinsurance

In Oregon, if an injured plaintiff is more than 50% at fault, then the injured plaintiff is permitted to make any recovery for her damages. In other words, a defendant in Oregon could be 49% at fault, and if that is the case, then that defendant owes nothing to an injured plaintiff.

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.

Oregon law has a modified comparative negligence law where the plaintiff can still collect as long as the fault attributed to him or her doesn't exceed 50% of the total fault. Oregon Negligence Laws - FindLaw findlaw.com ? state ? oregon-law ? oregon-... findlaw.com ? state ? oregon-law ? oregon-...

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Oregon Jury Instruction - 2.2 With Comparative Negligence Defense