Keywords: Pennsylvania Jury Instruction, 7.7.1 General Instruction, Comparative Negligence Defense, different types The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal guideline provided to jurors in Pennsylvania during a trial involving a claim of negligence. This instruction explains the concept of comparative negligence, which is a defense strategy that aims to reduce or allocate liability between the plaintiff (the injured party) and the defendant (the allegedly negligent party) based on the degree of fault each party contributed to the accident or injury. Under this instruction, jurors are informed about the different types of comparative negligence recognized in Pennsylvania law, which are primarily contributory negligence and comparative negligence. 1. Contributory Negligence: Contributory negligence refers to a legal doctrine that bars the plaintiff from recovering any damages if they are found to have contributed, even slightly, to the accident or their own injury. In cases where the plaintiff is determined to be even a minimum percentage at fault, their recovery may be completely barred. However, it's important to note that Pennsylvania follows a modified comparative negligence rule rather than a strict contributory negligence rule, which allows plaintiffs to recover damages as long as their percentage of fault is not greater than the defendant’s. 2. Comparative Negligence: Comparative negligence, on the other hand, allows the plaintiff to recover damages even if they are partially at fault for the accident or injury. This doctrine seeks to apportion fault based on the percentage of negligence assigned to each party involved. In Pennsylvania, the modified comparative negligence rule is applied, which means that the plaintiff's recovery is reduced in proportion to their percentage of fault. If the plaintiff's negligence is determined to be 51% or more, then they cannot recover any damages from the defendant. The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense serves as a guide for jurors on how to evaluate the evidence presented during a trial and determine the degree of fault of each party involved. It emphasizes the importance of considering all relevant factors, such as the actions and behavior of both the plaintiff and the defendant, as well as any other contributing factors to the accident or injury. Overall, this jury instruction ensures that jurors understand the principles of comparative negligence and apply them appropriately when deciding on issues of liability and damages in negligence cases in Pennsylvania.
Pennsylvania Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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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.
Pennsylvania is, in fact, a modified comparative negligence state. In a modified comparative negligence state, a claimant still has the right to pursue a damage award as long as he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule.
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.
In its broad application, the doctrine known as "last clear chance" provides that a plaintiff who has negligently exposed himself to danger may nonetheless recover for his injuries if the defendant could have avoided injuring him by the exercise of reasonable care after he discovered or should have discovered plain- ...
Insight from Our Pennsylvania Personal Injury Lawyers. Negligence is a key factor in personal injury cases. It occurs whenever a party ? whether a person, company, employer, or manufacturer ? fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property.
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.
In a modified comparative negligence state, a claimant still has the right to pursue a damage award as long as he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule. This means that, in Pennsylvania, you can recover damages as long as you were less than 51% at fault.