Utah Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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FAQ
Ing to the last clear chance doctrine, a defendant may still be liable for the plaintiff's injuries if they had a chance to avoid injuring the plaintiff.
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.
Utah is a modified comparative negligence state with a 50 percent at-fault bar. This means that if you are 50% at fault, you cannot recover any damages. However, if you are only found 49% at fault for your accident, you can receive 49% of the damage award at the end of the case.
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.
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.
All four elements, duty, breach, cause, and harm, need to be present in order to prove liability by standard negligence in a personal injury case. This is by far the most common theory by which one may prove liability.
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.