Missouri 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. Missouri Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to the jury in a negligence case in Missouri. This instruction is given when the defendant claims that the plaintiff's own negligence contributed to the accident or injury, and therefore, should be held partially responsible. Comparative negligence is a legal principle that allows the court to determine the degree of fault or responsibility of each party involved in causing an accident or injury. The purpose of this instruction is to guide the jury in assessing and apportioning the damages between the parties based on their respective levels of negligence. In Missouri, there are different types of comparative negligence instructions that may be used depending on the circumstances of the case. Some of these instructions include: 1. Missouri Jury Instruction — 6.6.1a: Modified Comparative Negligence — 50% Bar: This instruction is given when the plaintiff's negligence is considered to be equal to or greater than the negligence of the defendant. Under this rule, the plaintiff is barred from recovering any damages if their negligence exceeds 50%. 2. Missouri Jury Instruction — 6.6.1b: Modified Comparative Negligence — 51% Bar: This instruction is similar to the 50% bar instruction but allows the plaintiff to recover damages as long as their negligence does not exceed 51%. 3. Missouri Jury Instruction — 6.6.1c: Pure Comparative Negligence: This instruction is used when the court applies the pure comparative negligence rule. Under this rule, the plaintiff can recover damages even if their negligence is greater than the defendant's, but the damages awarded will be reduced in proportion to the plaintiff's level of fault. These different versions of the comparative negligence defense instruction provide the jury with guidance on how to determine the appropriate share of responsibility for each party. The jury must consider the evidence presented during the trial and apply the relevant instruction to reach a fair and just verdict. It is important to note that these instructions may vary depending on the specific facts and circumstances of each case. The judge, with assistance from the attorneys, determines which instruction is applicable and provides it to the jury to ensure a fair and accurate determination of liability and damages. Legal professionals and jurors should consult the Missouri Jury Instructions and seek legal advice to fully understand the specific instructions applicable to their particular case.

Missouri Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a legal instruction provided to the jury in a negligence case in Missouri. This instruction is given when the defendant claims that the plaintiff's own negligence contributed to the accident or injury, and therefore, should be held partially responsible. Comparative negligence is a legal principle that allows the court to determine the degree of fault or responsibility of each party involved in causing an accident or injury. The purpose of this instruction is to guide the jury in assessing and apportioning the damages between the parties based on their respective levels of negligence. In Missouri, there are different types of comparative negligence instructions that may be used depending on the circumstances of the case. Some of these instructions include: 1. Missouri Jury Instruction — 6.6.1a: Modified Comparative Negligence — 50% Bar: This instruction is given when the plaintiff's negligence is considered to be equal to or greater than the negligence of the defendant. Under this rule, the plaintiff is barred from recovering any damages if their negligence exceeds 50%. 2. Missouri Jury Instruction — 6.6.1b: Modified Comparative Negligence — 51% Bar: This instruction is similar to the 50% bar instruction but allows the plaintiff to recover damages as long as their negligence does not exceed 51%. 3. Missouri Jury Instruction — 6.6.1c: Pure Comparative Negligence: This instruction is used when the court applies the pure comparative negligence rule. Under this rule, the plaintiff can recover damages even if their negligence is greater than the defendant's, but the damages awarded will be reduced in proportion to the plaintiff's level of fault. These different versions of the comparative negligence defense instruction provide the jury with guidance on how to determine the appropriate share of responsibility for each party. The jury must consider the evidence presented during the trial and apply the relevant instruction to reach a fair and just verdict. It is important to note that these instructions may vary depending on the specific facts and circumstances of each case. The judge, with assistance from the attorneys, determines which instruction is applicable and provides it to the jury to ensure a fair and accurate determination of liability and damages. Legal professionals and jurors should consult the Missouri Jury Instructions and seek legal advice to fully understand the specific instructions applicable to their particular case.