North Dakota Jury Instruction — 2.2 With Comparative Negligence Defense is a crucial element in the state's legal system. It provides the guidelines for jurors to determine liability and damages when multiple parties are involved in a lawsuit. With comparative negligence as a defense, this instruction helps ensure fair and just outcomes in personal injury and civil cases. In North Dakota, there are two types of Jury Instruction — 2.2 With Comparative Negligence Defense: pure comparative negligence and modified comparative negligence. 1. Pure Comparative Negligence: This type of comparative negligence defense allows the jury to assign a percentage of fault to each party involved in the case, including the plaintiff. If the plaintiff is found partially responsible for the incident, their recovery of damages will be reduced by their percentage of fault. For example, if the plaintiff is determined to be 20% at fault and awarded $100,000, they will receive $80,000 after the reduction. 2. Modified Comparative Negligence: North Dakota also follows a modified comparative negligence principle. Under this instruction, the jury determines the percentage of fault for each party involved, including the plaintiff. However, there is a threshold known as the "50% bar rule." If the plaintiff's fault surpasses this threshold (i.e., 51% or more at fault), they will be barred from recovering any damages. However, if the plaintiff's fault is below the threshold, their damages will be reduced proportionately to their percentage of fault. For instance, if the plaintiff is found 40% at fault and awarded $100,000, they will receive $60,000. The purpose of Jury Instruction — 2.2 With Comparative Negligence Defense is to ensure a fair allocation of responsibility and damages in cases where multiple parties contributed to an incident. It aims to prevent any individual from bearing the entire burden of liability while considering each party's negligence level. Both pure and modified comparative negligence instructions play significant roles in determining the outcome of personal injury and civil cases in North Dakota.
North Dakota Jury Instruction - 2.2 With Comparative Negligence Defense
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