Indiana Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-7-7-1
• 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. Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to juries in Indiana that explains the concept of comparative negligence and its impact on determining liability in a civil case. This jury instruction serves as a guideline for juries to understand the principles of comparative negligence and apply them when deciding the percentage of fault attributable to each party involved in a lawsuit. Keywords: Indiana, jury instruction, comparative negligence defense, general instruction, detailed description, liability, civil case, percentage of fault, guideline, principles, lawsuit. There are two types of Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: 1. Pure Comparative Negligence: This type of comparative negligence defense allows the jury to allocate fault between the parties involved in a lawsuit, even if the plaintiff is found to be partially responsible for their injuries. Under pure comparative negligence, the plaintiff's damages are reduced based on their percentage of fault determined by the jury. For example, if the jury decides the plaintiff is 20% at fault, their damages will be reduced by 20%. 2. Modified Comparative Negligence: In this type of comparative negligence defense, there is a threshold set by the law that limits the plaintiff's recovery if their percentage of fault exceeds a certain level. In Indiana, the threshold is commonly known as the "51% rule." According to this rule, the plaintiff is barred from recovering any damages if their percentage of fault is 51% or higher. However, if their fault percentage falls below 51%, their damages will be reduced in proportion to their degree of fault. Overall, this Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense plays a crucial role in civil cases as it enables juries to fairly apportion fault between the parties involved, ensuring a just and equitable outcome in determining liability and awarding damages.

Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to juries in Indiana that explains the concept of comparative negligence and its impact on determining liability in a civil case. This jury instruction serves as a guideline for juries to understand the principles of comparative negligence and apply them when deciding the percentage of fault attributable to each party involved in a lawsuit. Keywords: Indiana, jury instruction, comparative negligence defense, general instruction, detailed description, liability, civil case, percentage of fault, guideline, principles, lawsuit. There are two types of Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: 1. Pure Comparative Negligence: This type of comparative negligence defense allows the jury to allocate fault between the parties involved in a lawsuit, even if the plaintiff is found to be partially responsible for their injuries. Under pure comparative negligence, the plaintiff's damages are reduced based on their percentage of fault determined by the jury. For example, if the jury decides the plaintiff is 20% at fault, their damages will be reduced by 20%. 2. Modified Comparative Negligence: In this type of comparative negligence defense, there is a threshold set by the law that limits the plaintiff's recovery if their percentage of fault exceeds a certain level. In Indiana, the threshold is commonly known as the "51% rule." According to this rule, the plaintiff is barred from recovering any damages if their percentage of fault is 51% or higher. However, if their fault percentage falls below 51%, their damages will be reduced in proportion to their degree of fault. Overall, this Indiana Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense plays a crucial role in civil cases as it enables juries to fairly apportion fault between the parties involved, ensuring a just and equitable outcome in determining liability and awarding damages.