Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a key legal concept that provides guidance to jurors in determining liability and damages in personal injury cases. This instruction outlines the principles and rules surrounding comparative negligence as a potential defense strategy. Here is a detailed description of this instruction along with its various types: Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: The Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense informs the jury about the concept and application of comparative negligence in civil cases. It instructs them to evaluate the actions and behaviors of both the plaintiff and the defendant and determine the extent of fault of each party. Under this instruction, jurors are advised to consider the following elements: 1. Negligence of the Plaintiff: Jurors must assess whether the plaintiff's actions or failure to act contributed to their injuries or damages. If the plaintiff's negligence is found, it might reduce the amount of compensation they are entitled to recover. 2. Negligence of the Defendant: Jurors must also consider whether the defendant's actions or inaction contributed to the plaintiff's injuries or damages. The extent of the defendant's negligence will influence the allocation of fault and potential compensation. 3. Comparative Negligence: This instruction guides the jurors in comparing the relative negligence of the plaintiff and the defendant. It emphasizes the importance of fairly apportioning fault based on the evidence presented during the trial. Types of Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: While the instruction described above represents the general standard for comparative negligence cases, there are different types that may apply in specific circumstances. Some specialized types of the Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense include: 1. Modified Comparative Negligence: This type of instruction is used when the state follows a modified comparative negligence system. It means that the plaintiff can only recover damages if their level of fault is below a certain threshold, often set at 50% or 51%, depending on state-specific laws. 2. Pure Comparative Negligence: In states that follow a pure comparative negligence system, this instruction might be given. It allows the plaintiff to recover damages even if they are predominantly at fault. The awarded compensation is reduced proportionally to the plaintiff's level of negligence. 3. Proportional Comparative Negligence: This type of instruction is applied in states that adopt a proportional comparative negligence system. It distributes fault between the plaintiff and the defendant in proportion to their respective contributions and award damages accordingly. It is important to note that the Illinois Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense may vary in its wording and additional elements depending on the specific circumstances of each case and the relevant laws. Legal professionals should consult the official Illinois Pattern Jury Instructions and stay updated with any updates or revisions.
Illinois Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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