South Carolina Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: A Comprehensive Overview In South Carolina, the 7.7.1 Jury Instruction on Comparative Negligence Defense is a crucial legal concept that plays a significant role in personal injury cases. This instruction aims to guide the jury in determining the respective degrees of negligence exhibited by the plaintiff and the defendant in causing the injury or damages at hand. By incorporating the principles of comparative negligence, this instruction allows for the apportionment of fault between all parties involved, leading to a fair and just resolution. Keywords: South Carolina, jury instruction, general instruction, comparative negligence defense, types of General Instructions — Comparative Negligence Defense: 1. "Contributory Negligence": Until recently, South Carolina followed the strict doctrine of contributory negligence, which barred any recovery for the plaintiff if they were found to have contributed in any way to their own injury. However, the state has now adopted the comparative negligence system, which is more liberal and considers the degree of fault on both sides. 2. "Modified Comparative Negligence": South Carolina employs a modified version of comparative negligence. Specifically, it follows what is known as a "51% Bar Rule." Under this rule, the plaintiff can still recover damages even if they were partially at fault, as long as their degree of negligence does not exceed 50%. However, if the plaintiff's fault is found to be 51% or more, they will be barred from recovering any damages. 3. "Apportionment of Damages": Once the jury determines the percentage of fault assigned to each party, the system of comparative negligence allows for the apportionment of damages accordingly. The plaintiff's recoverable damages will be reduced by their percentage of fault, ex: if the plaintiff is found 30% at fault, their awarded amount will be reduced by this percentage. 4. "Burden of Proof": In cases involving comparative negligence defense, the defendant holds the burden of proving the plaintiff's fault and the percentage of negligence attributed to them. The defendant must present evidence to establish the plaintiff's contribution to the incident and demonstrate how it affected the damages claimed. 5. "Standard of Care": The jury must consider the standard of care expected from both the plaintiff and the defendant in determining negligence. They will evaluate whether each party breached the duty of care owed to one another, and if so, to what extent. Overall, Jury Instruction 7.7.1 in South Carolina on Comparative Negligence Defense showcases the state's adherence to a comparative fault system, aiming to provide a fair evaluation of each party's responsibility in causing the incident. This instruction plays a crucial role in guiding the jury to apportion damages and ensures a just outcome in personal injury cases.
South Carolina Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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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.
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.
Some states subscribe to the ?pure comparative negligence? rule, where a plaintiff can recover damages even if he or she was 99 percent at-fault. But South Carolina follows the ?modified comparative negligence? rule, with a 51 percent bar. Here, the plaintiff's fault must only be 50 percent or less.
Under South Carolina's modified comparative negligence law, plaintiffs are eligible to file a personal injury lawsuit if they are less than 51% responsible for an accident. As long as 51% of the accident's fault lies with the other party, then the other party will be liable.
South Carolina's comparative negligence law, section 15-38-15 of the Code of Laws, states that as long as the plaintiff is less than 51% responsible for an accident, he or she will be eligible for financial recovery from the defendant.
In South Carolina, a defendant whose total fault is less than 50% is only severally liable for its share of the damages. But, joint and several liability is triggered for defendants that arefound to be 50% or more at fault.