Washington Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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How to fill out Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care?
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FAQ
The most common way to determine proximate cause is by asking yourself the following question: was the victim's injury a foreseeable consequence of the defendant's action? If the answer is 'yes,' then you can conclude that the act was the proximate cause of the injury.
Proximate Cause: Some courts have scrapped but-for cause altogether, and simply apply the doctrine of proximate cause. Under this test, a defendant whose actions are closely enough related to the result is guilty.
A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.
The question of proximate cause in most tort cases is to be resolved by the jury. The jury is the finder of fact. The jury is called upon to decide whether the negligent conduct was a near cause. If the jury answers that question with a Yes then the plaintiff wins.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.