Kansas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to jurors in Kansas courts when considering a case involving a claim of negligence. This instruction addresses the concept of comparative negligence, which is a principle used to determine the proportional fault of each party involved in causing an injury or harm. Under Kansas law, there are two different types of comparative negligence instructions that can be given to the jury, depending on the circumstances of the case: 1. Pure Comparative Negligence: In cases where multiple parties are found to be at fault for causing the injury or harm, the jury is instructed to determine the percentage of fault attributed to each party involved. The injured party can still recover damages even if they are found to be partially at fault, but the amount of damages awarded will be reduced in proportion to their assigned percentage of fault. 2. Modified Comparative Negligence — 50% Bar: This type of comparative negligence instruction is applied when the injured party's percentage of fault does not exceed 50%. If the injured party is found to be less than 50% at fault, they can still recover damages, but the amount awarded will be reduced in proportion to their assigned percentage of fault. However, if the injured party is found to be 50% or more at fault, they are barred from recovering any damages. The purpose of these instructions is to ensure fairness in assigning responsibility and damages in cases of negligence. By considering the comparative fault of all parties involved, the jury is able to make a more accurate assessment of each party's contribution to the injury or harm, and accordingly, determine the appropriate amount of damages. It is important to note that the specific language and instructions for Kansas Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense may vary depending on the details and nature of the case being tried. Attorneys and judges carefully consider the circumstances and relevant laws when selecting and presenting these instructions to the jury.
Kansas Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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