Washington Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-7-7-1
• 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.

Washington Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction given to the jury in Washington state civil cases where the defense argues that the plaintiff's own negligence contributed to their injuries. This instruction focuses on the principle of comparative negligence, which allows for the allocation of fault between the plaintiff and the defendant. Here is a detailed description of this instruction along with relevant keywords: Description: Washington Jury Instruction — 7.7.1 provides guidelines to the jury when considering the defense of comparative negligence. It addresses situations where the defendant claims that the plaintiff's carelessness or negligence played a part in causing their own injuries. This instruction informs the jury about how to evaluate and assign fault between the parties involved in the case. Keywords: — Washington: Refers to the specific jurisdiction where this jury instruction is applicable, namely Washington state in the United States. — Jury Instruction: Detailed guidelines provided by the court to the jury, explaining important legal concepts and principles for them to consider during deliberation. — 7.7.1: The unique identifier given to this specific jury instruction, distinguishing it from other instructions and reflecting its relevance to a particular aspect of the case. — General Instruction: Indicates that this jury instruction pertains to a common and widely applicable legal concept, in this case, comparative negligence defense. — Comparative Negligence Defense: The primary focus of this jury instruction, which is a legal defense strategy aiming to assign fault and reduce the liability of the defendant by demonstrating that the plaintiff's own negligence contributed to their injuries. Different types of Washington Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense include: 1. Basic Comparative Negligence: This type of instruction lays out the general principles of comparative negligence, explaining how the jury should determine the comparative fault of both the plaintiff and the defendant. It might include considerations such as the degree of negligence attributed to each party and the subsequent impact on the final verdict and damages awarded. 2. Modified Comparative Negligence: Another version of the instruction might follow the modified comparative negligence rule, which is used in some states. This approach determines the plaintiff's ability to recover damages based on their level of fault compared to the defendant. In states that follow the 51% bar rule, the plaintiff can only recover damages if their fault is less than 50%. If their fault is equal to or greater than the defendant's, they might be barred from any recovery. 3. Pure Comparative Negligence: In some jurisdictions, including Washington state, the pure comparative negligence rule is followed. This means that even if the plaintiff is primarily at fault, they can still seek compensation, although it might be reduced based on their percentage of negligence. These different types of comparative negligence instructions provide specific guidance to the jury depending on the applicable legal rule in their jurisdiction, ensuring a fair and balanced assessment of fault and liability in civil cases.