Hawaii 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.

Hawaii Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is an instruction given to the jury in civil cases involving claims of negligence. This instruction provides guidance on the concept of comparative negligence and its application in determining liability and damages. Comparative negligence is a legal principle that allows the jury to assign percentages of fault to the plaintiff and the defendant based on their respective contributions to the accident or injury. This instruction helps the jury understand their role in evaluating the evidence and determining the degree of negligence on each party involved. Keywords: Hawaii, Jury Instruction, 6.6.1, General Instruction, Comparative Negligence Defense, civil cases, negligence, liability, damages, percentages of fault, accident, injury, evidence. Different types of Hawaii Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense: 1. Pure Comparative Negligence: This instruction informs the jury that they should determine the percentage of fault for each party, and any damages awarded will be reduced based on the plaintiff's own degree of negligence. Even if the plaintiff is deemed to be mostly at fault, they can still recover damages proportional to the defendant's liability. 2. Modified Comparative Negligence (50% Rule): This instruction sets a threshold of 50% for the plaintiff's degree of negligence. If the plaintiff's fault is equal to or greater than 50%, they are barred from recovering any damages from the defendant. However, if their degree of negligence is less than 50%, their damages will be reduced in proportion to their fault. 3. Modified Comparative Negligence (51% Rule): Similar to the modified comparative negligence with the 50% rule, this instruction requires the plaintiff's degree of negligence to be less than 51% to recover damages. If the plaintiff is found to be 51% or more at fault, they are completely barred from recovering any damages. 4. Last Clear Chance Doctrine: This instruction addresses situations where the plaintiff's negligence contributes to the accident, but the defendant had the last clear chance to avoid it. Under this doctrine, if the defendant could have reasonably prevented the accident, they may still be found liable, even if the plaintiff was negligent. It is important for the jury to carefully consider the evidence presented, evaluate the parties' negligence, and apply the appropriate Hawaii Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense to determine liability and any potential damages.