South Dakota Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-7-7-1
• Format: Word; Rich Text

Description

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.

South Dakota Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction in South Dakota that guides the jury in cases where the doctrine of comparative negligence applies. This instruction is crucial to determining the allocation of fault and the resulting impact on damages awarded in personal injury and negligence cases. In South Dakota, there are primarily two types of Comparative Negligence Defense instructions that may be given to the jury: 1. Pure Comparative Negligence Defense: This type of instruction allows the jury to allocate fault between the parties involved in the case, including the plaintiff and the defendant. Under this defense, the jury is instructed to assign a percentage of fault to each party based on their contribution to the incident. The plaintiff's damages are then reduced by the percentage of fault assigned to them, in proportion to the defendant's liability. 2. Modified Comparative Negligence Defense: This instruction limits the application of comparative negligence when determining damages. In South Dakota, there are two variations of modified comparative negligence—50% and 51%— - 50% Modified Comparative Negligence Defense: Under this instruction, the plaintiff's damages are reduced by their assigned percentage of fault. However, the plaintiff is only eligible to recover damages if their fault is determined to be less than 50%. If the plaintiff's fault is equal to or greater than 50%, they are barred from receiving any compensation. — 51% Modified Comparative Negligence Defense: This instruction is similar to the 50% variation, with one crucial difference. The plaintiff can recover damages as long as their assigned fault is 50% or less. However, if the plaintiff's fault exceeds 50%, their compensation is reduced proportionally. The purpose of these instructions is to ensure a fair assessment of fault and allocation of damages in cases where multiple parties bear some responsibility for an accident or injury. By providing clear guidance to the jury, South Dakota law aims to uphold the principles of fairness and equity in determining liability and compensation.