Jury Instructions

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Multi-State
Control #:
US-00882
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Word; 
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Description Jury Instructions Document

Sample Jury Instruction - This sample jury instruction states that there should be no inference made from the Defendant not testifying on his own behalf.

Jury instructions for negligence are guidelines provided to a jury by the judge during a trial to assist them in understanding the legal principles applicable to a negligence claim. These instructions outline the elements of negligence that need to be proven, the burden of proof, and any applicable defenses. The following are various types of jury instructions that may be given in a negligence case: 1. Elements of Negligence: This instruction outlines the essential elements that the plaintiff must prove to establish a negligence claim. These elements typically include a duty of care owed by the defendant, breach of that duty, causation between the defendant's actions and the plaintiff's harm, and actual damages suffered by the plaintiff. 2. Duty of Care: This instruction explains the concept of duty of care, emphasizing that individuals have a legal obligation to act reasonably and avoid causing harm to others. It provides examples of situations where a duty of care may arise, such as a driver's duty to follow traffic laws or a property owner's duty to maintain a safe environment. 3. Breach of Duty: This instruction addresses the defendant's alleged failure to meet the required standard of care. It instructs the jury to evaluate whether the defendant's actions fell below what a reasonable person would have done under similar circumstances. 4. Causation: This instruction focuses on the link between the defendant's breach of duty and the plaintiff's injuries. It clarifies that the plaintiff must demonstrate that the defendant's actions were a substantial factor in causing the harm suffered. 5. Contributory or Comparative Negligence: These instructions are given when the plaintiff's own negligence contributed to their injuries. Contributory negligence bars the plaintiff from recovering damages if they were even slightly negligent. Comparative negligence, on the other hand, allows the jury to assign percentages of fault to both the plaintiff and defendant, reducing the damages awarded accordingly. 6. Assumption of Risk: This instruction applies when the plaintiff voluntarily exposes themselves to a known risk or danger. It emphasizes that if the plaintiff willingly assumed the risk associated with an activity, they may be precluded from recovering damages. 7. Proximate Cause: This instruction deals with the concept of proximate cause, which requires the plaintiff to show that their injuries were a direct and foreseeable consequence of the defendant's breach of duty. 8. Res IPSA Sequitur: This instruction can be given if the circumstances of the incident suggest that negligence is the most probable cause. Res IPSA sequitur translates to "the thing speaks for itself" and allows the jury to infer negligence based on the facts presented. It is essential to note that the specific jury instructions given in a negligence case may vary depending on the jurisdiction and the particular circumstances involved. Judges carefully tailor the instructions to the facts and legal principles applicable to each case to guide the jury in reaching a fair and informed decision.

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Jury Instructions