Maine Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction provided to juries in Maine, United States, when determining liability in personal injury cases. This instruction is crucial in cases where the defendant claims that the plaintiff's own negligence contributed to their injuries, reducing the defendant's liability accordingly. Comparative negligence, sometimes referred to as comparative fault, is a legal doctrine that allows the allocation of fault between parties involved in an accident or incident resulting in injuries. The Maine Jury Instruction — 1.1 Comparative Negligence Defense explains that the amount of damages awarded to the plaintiff will be reduced proportionally based on their degree of fault. There are various types or degrees of comparative negligence instructions that can be provided to the jury, depending on the circumstances of the case. Some of these may include: 1. Pure Comparative Negligence: This type of instruction allows the jury to apportion fault between the plaintiff and the defendant(s) regardless of their respective levels of negligence. The jury will then assign a percentage of responsibility to each party, and the damages awarded will be reduced accordingly. 2. Modified Comparative Negligence: In this instruction, there are two subtypes: a. 50% Bar Rule: Under this rule, the plaintiff can only recover damages if their fault is determined to be 50% or less. If their negligence is found to be 51% or more, they are barred from any recovery. b. 51% Bar Rule: Similar to the 50% Bar Rule, the plaintiff is barred from recovery if their negligence is determined to be 51% or more. However, if their fault is found to be 50% or less, their damages will be reduced according to their assigned percentage of fault. 3. Modified Joint and Several liabilities: This instruction addresses cases involving multiple defendants. It allows the plaintiff to recover full damages from each defendant found to be more than 50% at fault. However, defendants found to be less than 50% at fault will only be responsible for their assigned proportion of fault. In summary, Maine Jury Instruction — 1.1 Comparative Negligence Defense outlines the principles and rules that a jury must consider when determining the degree of fault and liability in personal injury cases. The instruction provides guidance on allocating fault percentages and reducing damages accordingly in scenarios involving the plaintiff's contribution to their own injuries. Different types of comparative negligence instructions, such as pure comparative negligence, modified comparative negligence (50% and 51% Bar Rules), and modified joint and several liabilities, may be used depending on the circumstances of the case.
Maine Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction provided to juries in Maine, United States, when determining liability in personal injury cases. This instruction is crucial in cases where the defendant claims that the plaintiff's own negligence contributed to their injuries, reducing the defendant's liability accordingly. Comparative negligence, sometimes referred to as comparative fault, is a legal doctrine that allows the allocation of fault between parties involved in an accident or incident resulting in injuries. The Maine Jury Instruction — 1.1 Comparative Negligence Defense explains that the amount of damages awarded to the plaintiff will be reduced proportionally based on their degree of fault. There are various types or degrees of comparative negligence instructions that can be provided to the jury, depending on the circumstances of the case. Some of these may include: 1. Pure Comparative Negligence: This type of instruction allows the jury to apportion fault between the plaintiff and the defendant(s) regardless of their respective levels of negligence. The jury will then assign a percentage of responsibility to each party, and the damages awarded will be reduced accordingly. 2. Modified Comparative Negligence: In this instruction, there are two subtypes: a. 50% Bar Rule: Under this rule, the plaintiff can only recover damages if their fault is determined to be 50% or less. If their negligence is found to be 51% or more, they are barred from any recovery. b. 51% Bar Rule: Similar to the 50% Bar Rule, the plaintiff is barred from recovery if their negligence is determined to be 51% or more. However, if their fault is found to be 50% or less, their damages will be reduced according to their assigned percentage of fault. 3. Modified Joint and Several liabilities: This instruction addresses cases involving multiple defendants. It allows the plaintiff to recover full damages from each defendant found to be more than 50% at fault. However, defendants found to be less than 50% at fault will only be responsible for their assigned proportion of fault. In summary, Maine Jury Instruction — 1.1 Comparative Negligence Defense outlines the principles and rules that a jury must consider when determining the degree of fault and liability in personal injury cases. The instruction provides guidance on allocating fault percentages and reducing damages accordingly in scenarios involving the plaintiff's contribution to their own injuries. Different types of comparative negligence instructions, such as pure comparative negligence, modified comparative negligence (50% and 51% Bar Rules), and modified joint and several liabilities, may be used depending on the circumstances of the case.
