Texas Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-1
• 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.

Texas Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial part of the Texas legal system that addresses liability and fault allocation in personal injury cases. Comparative negligence serves as a defense strategy where the defendant argues that the plaintiff's own negligence or carelessness contributed to the accident or injury, thereby reducing their liability or potential damages. Here is a detailed description of this instruction, along with different types of comparative negligence defenses under Texas law. The Texas Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is designed to guide the jury in cases where the defendant asserts that the plaintiff's own negligence was a contributing cause of their injuries or damages. This instruction helps the jury determine the extent to which both parties were negligent and allocate liability accordingly. Under the comparative negligence defense, if the jury finds that the plaintiff's negligence played a part in the incident, their recoverable damages may be reduced proportionally. The jury must assess and assign a percentage of fault to each party involved based on the evidence and arguments presented during the trial. Different types of comparative negligence defenses recognized in Texas include: 1. Pure Comparative Negligence: Under this approach, the plaintiff is entitled to recover damages even if they are primarily responsible for the accident or injury. However, the damages awarded will be reduced by the percentage of the plaintiff's fault. For example, if the plaintiff is found to be 70% at fault, their damages will be reduced by 70%. 2. Modified Comparative Negligence (50% Bar Rule): In this scenario, the plaintiff's recovery is barred if their negligence exceeds 50%. They can only seek damages if their degree of fault is 50% or less. If the plaintiff's negligence is equal to or greater than the defendant's, they cannot recover any damages. 3. Modified Comparative Negligence (51% Bar Rule): Similar to the 50% Bar Rule, but the plaintiff is barred from recovery if their negligence is 51% or more. If their negligence is 50% or less, they are eligible to seek damages, which will be reduced proportionately to their degree of fault. It's important to note that Texas follows the modified comparative negligence system with the 51% bar rule. The specific type of comparative negligence defense to be used in a case depends on the facts presented, legal arguments, and the judge's instructions to the jury. In summary, the Texas Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides guidelines for determining liability and damages in personal injury cases where the plaintiff's own negligence is alleged. Understanding the different types of comparative negligence defenses is crucial for both plaintiffs and defendants as it directly influences the potential recovery or liability in a lawsuit.