Oregon Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to jurors during a trial in Oregon when the defense of comparative negligence is raised. This instruction guides the jury on how to assess the degree of fault or negligence of each party involved in a personal injury case. Comparative negligence is a legal principle that allows a jury to determine the proportion of fault between the plaintiff and the defendant in a personal injury lawsuit. In Oregon, this principle follows the modified comparative negligence rule, specifically known as the "51 percent" rule. Under this rule, a plaintiff can only recover damages if their fault in the incident is determined to be less than or equal to 50 percent. If the plaintiff's fault is greater than 50 percent, they are barred from recovering any damages. The purpose of Oregon Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is to educate the jury on how to determine and allocate fault between the plaintiff and the defendant. The instruction provides the jury with a series of steps to follow when considering comparative negligence, ensuring a fair and just verdict. Different types of Oregon Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense may include variations based on the specific circumstances of the case. For example, there could be instructions tailored for cases involving automobile accidents, premises liability, medical malpractice, or product liability. In a typical comparative negligence instruction, the jury is guided to consider the following factors: 1. Identifying the parties involved and their respective responsibilities. 2. Determining the percentage of fault allocated to each party involved. 3. Assessing the total damages awarded to the plaintiff. 4. Apportioning the damages based on the allocated percentage of fault. 5. Ensuring that if the plaintiff's negligence is greater than the defendant's, the plaintiff is barred from recovering any damages. The key purpose of this instruction is to ensure that the jury comprehensively evaluates the degree of fault of each party involved in an accident or incident. By considering the relevant factors and applying the principles of comparative negligence, the jury can arrive at a fair and balanced verdict, which reflects the shared responsibility between the plaintiff and the defendant. It is important for jurors to carefully review and understand Oregon Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense in order to make informed decisions during personal injury trials. By following these instructions, the jury can contribute to a just outcome that appropriately accounts for the proportionate fault of all parties involved.
Oregon Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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