Pennsylvania Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense, also known as Comparative Fault Defense, provides guidance to the jury regarding the concept of comparative negligence and its application in a civil case. In Pennsylvania, there are different types of instructions falling under this category, including: 1. Pennsylvania Jury Instruction — 6.6.1(a— - Comparative Negligence Explained: This instruction explains the basic concept of comparative negligence to the jury. It outlines that if the plaintiff's negligence contributed to their own injuries, the jury must consider the respective fault of all parties involved when determining liability and assessing damages. 2. Pennsylvania Jury Instruction — 6.6.1(b— - Proportional Comparative Negligence: This instruction elaborates on the application of proportional comparative negligence, also known as "51% Rule," in Pennsylvania. According to this rule, if the plaintiff's negligence is found to be greater than the combined negligence of all defendants, the plaintiff is barred from recovering any damages. If the plaintiff's negligence is equal to or less than the combined negligence of all defendants, their recovery is reduced in proportion to their degree of fault. 3. Pennsylvania Jury Instruction — 6.6.1(c— - Pure Comparative Negligence: This instruction explains the alternative approach of pure comparative negligence, which permits a plaintiff to recover damages even if their negligence exceeds the negligence of all defendants combined. In pure comparative negligence jurisdictions, the jury determines the percentage of fault assigned to each party and reduces the plaintiff's recovery accordingly. 4. Pennsylvania Jury Instruction — 6'd’dd(d— - Intentional Misconduct and Comparative Negligence: This instruction addresses situations where intentional misconduct or willful negligence of a party is alleged. It explains that comparative negligence does not reduce the recovery if the plaintiff's negligence is alleged to be intentional or committed with willful disregard for their own safety. Pennsylvania Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides a comprehensive framework for handling cases involving shared fault in Pennsylvania courts. It ensures that the jury understands the principles and considerations associated with comparative negligence, helping them make fair and informed decisions while assessing liability and awarding damages.
Pennsylvania Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Note, Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you were less than 51 percent at fault. If you are found to carry more than 50 percent of the fault for the accident, you will be unable to seek compensation for damages.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.