Texas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction used by Texas courts in cases involving personal injury or property damage claims. This instruction provides guidance to the jury on how to consider comparative negligence as a possible defense raised by the defendant. Comparative negligence refers to a legal principle that allows the jury to allocate fault between multiple parties involved in an accident or incident. Under this principle, the jury considers the percentage of fault assigned to each party and reduces the plaintiff's damages award accordingly. The Texas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense outlines the following points: 1. Explanation of Comparative Negligence: This instruction explains to the jury that Texas follows the doctrine of modified comparative negligence. It states that each party's negligence should be considered separately, and the plaintiff's damages will be reduced by their percentage of fault. 2. Allocation of Fault: The instruction guides the jury on how to allocate fault among the parties involved in the case. It emphasizes that the jury must assign a percentage of fault to each party based on the evidence presented during the trial. 3. Plaintiff's Damages: The instruction instructs the jury that if they find the plaintiff partially at fault, they must reduce the damages awarded to the plaintiff by the percentage of fault assigned to them. 4. Burden of Proof: The instruction also reminds the jury that the burden of proving negligence rests upon the party asserting it. Therefore, the defendant has the burden of proving that the plaintiff was negligent and contributed to their own injuries or damages. It's important to note that there may be different types or variations of Texas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense depending on the specific circumstances of the case or any modifications made by the court. However, the essential principles remain the same, focusing on the allocation of fault and reduction of damages based on comparative negligence. In conclusion, Texas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense provides direction to the jury in cases where the defendant asserts comparative negligence as a defense. It ensures that the jury considers each party's fault separately and applies the doctrine of modified comparative negligence when determining the plaintiff's damages.
Texas Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
Online sources: These instructions are the same as those published in Texas Pattern Jury Charges. Westlaw & Lexis both include some filed Texas jury instructions in their trial court document databases.
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.
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.
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.
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.
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.