Hawaii Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
An affirmative defense to damages under Title VII of the Civil Rights Act of 1964 available if the employer can demonstrate that it would have taken the same action even in the absence of discrimination.
Contributory negligence can be a complex issue, but a simple example of this is in road traffic accident claims where the claimant has failed to wear a seatbelt. The court will deduct 25 per cent for contributory negligence if it's agreed the claimant would not have suffered any injury had they been wearing a seatbelt.
8.6 The basic principle underlying the defence of contributory negligence is that people should take reasonable care for their own safety as well as for that of others.
Plaintiff's contributory fault reduces their damages in proportion to their degree of fault. However, it does not completely bar recovery. Fault is assigned by percentages, and the amount that a plaintiff can recover is reduced by the percentage at which they are found to be at fault.
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.