New Mexico Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense In New Mexico, the jury instruction 7.7.1 provides guidance to juries in cases involving comparative negligence defense. This instruction helps jurors understand the concept of comparative negligence and its implications in determining liability and damages. Comparative negligence is a legal principle used to allocate fault and responsibility between multiple parties involved in an accident or event. It recognizes that more than one party can contribute to causing harm or damages and aims to apportion fault accordingly. This instruction assists the jury in assessing the extent of each party's negligence and determining the appropriate compensation in light of their respective contributions. Under this instruction, the jury is informed about the standards and criteria for evaluating comparative negligence claims. They are instructed to consider the actions or omissions of all parties involved, including the plaintiff and the defendant, to determine the extent to which each party contributed to the incident. The New Mexico jury instruction 7.7.1 may include various types depending on the specific circumstances of the case. These could be: 1. Basic Comparative Negligence: This instruction provides guidance for cases where both the plaintiff and the defendant are alleged to have contributed to the negligence that caused the damages. The jury is instructed to assign a percentage of fault to each party based on the evidence presented during the trial. 2. Modified Comparative Negligence: In some instances, New Mexico applies a modified version of comparative negligence, where the plaintiff's recovery may be limited if their degree of fault exceeds a certain threshold, often referred to as the "50 percent rule." If the plaintiff's fault is determined to be equal to or greater than the defendant's, they may be barred from recovering any damages. 3. Last Clear Chance Doctrine: This instruction may be applicable in cases where the defendant had the last clear opportunity to avoid the harm, even if the plaintiff was negligent. It allows the jury to consider whether the defendant could have taken reasonable actions to prevent the incident, irrespective of the plaintiff's contribution. 4. Multiple Defendants: In cases involving multiple defendants, this instruction may assist the jury in apportioning fault between each party individually. It enables the jury to allocate respective percentages of negligence to each defendant based on the evidence presented. New Mexico jury instruction 7.7.1 is a critical tool in ensuring a fair and equitable evaluation of negligence claims. It facilitates a comprehensive analysis of each party's actions and their impact on the outcome of the case, ultimately guiding the jury in making an informed decision regarding liability and compensation.