New Hampshire 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. New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is an essential aspect of civil trials in the state. This instruction provides guidance to the jury on how to evaluate and apportion fault when multiple parties are involved in causing an accident or injury. Comparative negligence is a legal concept that recognizes that more than one person or entity may contribute to an incident, and it aims to allocate responsibility and damages proportionally based on each party's degree of fault. In New Hampshire, there are two types of comparative negligence: pure comparative negligence and modified comparative negligence. 1. Pure Comparative Negligence: This type of comparative negligence is recognized in New Hampshire. It allows the jury to assign fault to all parties involved, including the plaintiff, irrespective of their percentage of fault. Under pure comparative negligence, the plaintiff can still recover damages even if they are found to be 99% at fault, but the amount would be reduced by their degree of responsibility. 2. Modified Comparative Negligence: A modified form of comparative negligence is also present in New Hampshire. With modified comparative negligence, the plaintiff's ability to recover damages is restricted based on their degree of fault. In New Hampshire, the modified rule used is the "50% bar rule." This means that if the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages. However, if the plaintiff's fault is found to be less than 50%, their damages will still be reduced based on their percentage of fault. The purpose of including the New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is to ensure that the jury understands the legal principle of comparative negligence and applies it correctly when deciding the apportionment of fault and damages. By providing jurors with clear instructions on comparative negligence, the aim is to promote fairness and accuracy in civil trials, avoiding any potential biases or misconceptions. In summary, New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial component of civil trials in New Hampshire. It helps guide the jury in determining the degree of fault and proportionate damages to be awarded when multiple parties are involved in causing an accident or injury. By understanding and applying the principles of comparative negligence, the jury can make informed and fair decisions, ensuring justice for all parties involved.

New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is an essential aspect of civil trials in the state. This instruction provides guidance to the jury on how to evaluate and apportion fault when multiple parties are involved in causing an accident or injury. Comparative negligence is a legal concept that recognizes that more than one person or entity may contribute to an incident, and it aims to allocate responsibility and damages proportionally based on each party's degree of fault. In New Hampshire, there are two types of comparative negligence: pure comparative negligence and modified comparative negligence. 1. Pure Comparative Negligence: This type of comparative negligence is recognized in New Hampshire. It allows the jury to assign fault to all parties involved, including the plaintiff, irrespective of their percentage of fault. Under pure comparative negligence, the plaintiff can still recover damages even if they are found to be 99% at fault, but the amount would be reduced by their degree of responsibility. 2. Modified Comparative Negligence: A modified form of comparative negligence is also present in New Hampshire. With modified comparative negligence, the plaintiff's ability to recover damages is restricted based on their degree of fault. In New Hampshire, the modified rule used is the "50% bar rule." This means that if the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages. However, if the plaintiff's fault is found to be less than 50%, their damages will still be reduced based on their percentage of fault. The purpose of including the New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is to ensure that the jury understands the legal principle of comparative negligence and applies it correctly when deciding the apportionment of fault and damages. By providing jurors with clear instructions on comparative negligence, the aim is to promote fairness and accuracy in civil trials, avoiding any potential biases or misconceptions. In summary, New Hampshire Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial component of civil trials in New Hampshire. It helps guide the jury in determining the degree of fault and proportionate damages to be awarded when multiple parties are involved in causing an accident or injury. By understanding and applying the principles of comparative negligence, the jury can make informed and fair decisions, ensuring justice for all parties involved.