Alabama Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-6-6-1
• 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. Alabama Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a vital component in personal injury cases in Alabama. It provides guidance to the jury regarding the concept of comparative negligence and its potential impact on the plaintiff's claim for damages. This instruction is crucial in determining the proportion of fault allocated to each party involved in the accident or incident. In Alabama, there are three types of comparative negligence instructions: pure comparative negligence, modified comparative negligence (50% bar rule), and modified comparative negligence (51% bar rule). 1. Pure Comparative Negligence: Under this instruction, the jury is instructed to assign a percentage of fault to each party involved in the incident, including both the plaintiff and the defendant(s). The plaintiff is still able to recover damages, albeit reduced by their assigned percentage of fault. For example, even if the plaintiff is deemed 80% at fault, they can still recover 20% of the total damages awarded. 2. Modified Comparative Negligence (50% bar rule): This instruction instructs the jury to allocate fault between the parties, but the plaintiff is only eligible to receive compensation if they are found to be less than 50% at fault. If the plaintiff is assigned 50% or more of the fault, they are barred from recovering any damages. 3. Modified Comparative Negligence (51% bar rule): Similar to the 50% bar rule, this instruction also requires the plaintiff to be less than 51% at fault to recover damages. If the plaintiff's assigned percentage of fault reaches or exceeds 51%, they are unable to recover compensation. These instructions play a vital role in determining the outcome of personal injury lawsuits in Alabama. They allow the jury to consider the actions and negligence of all parties involved and ensure that the degree of fault is fairly distributed. By employing comparative negligence instructions, Alabama seeks to promote a fair and equitable resolution for personal injury cases by holding all parties accountable for their actions.

Alabama Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a vital component in personal injury cases in Alabama. It provides guidance to the jury regarding the concept of comparative negligence and its potential impact on the plaintiff's claim for damages. This instruction is crucial in determining the proportion of fault allocated to each party involved in the accident or incident. In Alabama, there are three types of comparative negligence instructions: pure comparative negligence, modified comparative negligence (50% bar rule), and modified comparative negligence (51% bar rule). 1. Pure Comparative Negligence: Under this instruction, the jury is instructed to assign a percentage of fault to each party involved in the incident, including both the plaintiff and the defendant(s). The plaintiff is still able to recover damages, albeit reduced by their assigned percentage of fault. For example, even if the plaintiff is deemed 80% at fault, they can still recover 20% of the total damages awarded. 2. Modified Comparative Negligence (50% bar rule): This instruction instructs the jury to allocate fault between the parties, but the plaintiff is only eligible to receive compensation if they are found to be less than 50% at fault. If the plaintiff is assigned 50% or more of the fault, they are barred from recovering any damages. 3. Modified Comparative Negligence (51% bar rule): Similar to the 50% bar rule, this instruction also requires the plaintiff to be less than 51% at fault to recover damages. If the plaintiff's assigned percentage of fault reaches or exceeds 51%, they are unable to recover compensation. These instructions play a vital role in determining the outcome of personal injury lawsuits in Alabama. They allow the jury to consider the actions and negligence of all parties involved and ensure that the degree of fault is fairly distributed. By employing comparative negligence instructions, Alabama seeks to promote a fair and equitable resolution for personal injury cases by holding all parties accountable for their actions.