Washington Jury Instruction - 6.2 Burden of Proof for Multiple Claims or if Both Plaintiff and Defendant or Third Parties Have Burden of Proof
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FAQ
Elements. A plaintiff alleging a breach of a fiduciary duty ?must prove (1) existence of a duty owed, (2) breach of that duty, (3) resulting injury, and (4) that the claimed breach proximately caused the injury.? Micro Enhancement Int'l, Inc. v.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
The four elements are: The defendant was acting as a fiduciary of the plaintiff; The defendant breached a fiduciary duty to the plaintiff; The plaintiff suffered damages as a result of the breach; and. The defendant's breach of fiduciary duty caused the plaintiff's damages.
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.
Civ. WPI 107.09 (7th ed.) An attorney owes a fiduciary duty to his or her client. This fiduciary duty requires that all dealings between the attorney and client be characterized by the utmost fairness and good faith by the attorney to the client.
A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.
Proving an Actual Breach of Fiduciary Duty Is Difficult In a personal injury case, proving a breach of duty is often the most contested part. Here, you must demonstrate what the fiduciary did that fell short of their duty.