New Jersey 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. New Jersey Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial element of the legal system that helps determine the allocation of fault in personal injury cases. This instruction outlines the rules and principles related to comparative negligence defense that can be used by defendants to reduce their liability. In cases where multiple parties are deemed responsible for causing an accident or injury, the concept of comparative negligence comes into play. Under this defense, the defendant argues that the plaintiff's own negligence contributed to the harm they suffered, and therefore, they should bear a portion of the blame. By employing comparative negligence, the defendant seeks to lower their liability by reducing the damages awarded to the plaintiff. New Jersey Jury Instruction — 6.6.1 General Instruction covers different scenarios related to comparative negligence defense: 1. Comparative Negligence: This instruction highlights the fundamental principles of comparative negligence, emphasizing that if the plaintiff's negligence contributed to their injuries, the damages awarded should be allocated based on the percentage of fault assigned to each party. It explains the comparative fault system used in New Jersey, which allows the jury to assess the degree of fault for each party involved. 2. Contributory Negligence: Although New Jersey follows a modified comparative negligence system, this instruction may discuss the concept of contributory negligence. Contributory negligence bars the plaintiff from recovering any damages if their negligence is found to be even partially responsible for the accident or injury. However, New Jersey employs the "51% Bar" rule, meaning the plaintiff can only recover damages if their assigned fault is 50% or less. 3. Jury Deliberation: This type of instruction may outline the jury's role in determining and assigning percentages of fault to each party involved. It explains the criteria the jury should consider while assessing negligence, such as the actions or omissions of each party, their duty of care, and the foreseeability of the harm suffered. 4. Burden of Proof: In some instances, this instruction may further explain the burden of proof necessary for the defendant to establish the plaintiff's comparative negligence. This includes presenting evidence, witnesses, and expert testimony that supports the argument that the plaintiff's own actions or inaction contributed to their injuries. 5. Reducing Damages: Lastly, this instruction may guide the jury on the calculation of damages after assigning percentages of fault. It informs the jury to reduce the damages awarded to the plaintiff proportionally to their assigned degree of fault. Overall, New Jersey Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides comprehensive guidance to the jury in personal injury cases involving multiple parties. It ensures a fair and equitable distribution of responsibility by enabling the jury to consider the role of both the plaintiff and the defendant in causing the harm, thereby determining appropriate damages.

New Jersey Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense is a crucial element of the legal system that helps determine the allocation of fault in personal injury cases. This instruction outlines the rules and principles related to comparative negligence defense that can be used by defendants to reduce their liability. In cases where multiple parties are deemed responsible for causing an accident or injury, the concept of comparative negligence comes into play. Under this defense, the defendant argues that the plaintiff's own negligence contributed to the harm they suffered, and therefore, they should bear a portion of the blame. By employing comparative negligence, the defendant seeks to lower their liability by reducing the damages awarded to the plaintiff. New Jersey Jury Instruction — 6.6.1 General Instruction covers different scenarios related to comparative negligence defense: 1. Comparative Negligence: This instruction highlights the fundamental principles of comparative negligence, emphasizing that if the plaintiff's negligence contributed to their injuries, the damages awarded should be allocated based on the percentage of fault assigned to each party. It explains the comparative fault system used in New Jersey, which allows the jury to assess the degree of fault for each party involved. 2. Contributory Negligence: Although New Jersey follows a modified comparative negligence system, this instruction may discuss the concept of contributory negligence. Contributory negligence bars the plaintiff from recovering any damages if their negligence is found to be even partially responsible for the accident or injury. However, New Jersey employs the "51% Bar" rule, meaning the plaintiff can only recover damages if their assigned fault is 50% or less. 3. Jury Deliberation: This type of instruction may outline the jury's role in determining and assigning percentages of fault to each party involved. It explains the criteria the jury should consider while assessing negligence, such as the actions or omissions of each party, their duty of care, and the foreseeability of the harm suffered. 4. Burden of Proof: In some instances, this instruction may further explain the burden of proof necessary for the defendant to establish the plaintiff's comparative negligence. This includes presenting evidence, witnesses, and expert testimony that supports the argument that the plaintiff's own actions or inaction contributed to their injuries. 5. Reducing Damages: Lastly, this instruction may guide the jury on the calculation of damages after assigning percentages of fault. It informs the jury to reduce the damages awarded to the plaintiff proportionally to their assigned degree of fault. Overall, New Jersey Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides comprehensive guidance to the jury in personal injury cases involving multiple parties. It ensures a fair and equitable distribution of responsibility by enabling the jury to consider the role of both the plaintiff and the defendant in causing the harm, thereby determining appropriate damages.