Oregon Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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FAQ
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
Instruction 501.5(c), as amended, sets out the proposition that if the defendant caused the injury, loss, or damage to the claimant, he or she is responsible for any injury, loss, or damage caused by medical care or treatment reasonably obtained by the claimant.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
Negligence must be substantial factor in causing harm large verdict. Just as the plaintiff has the burden of proving defendant's negligence, the defendant has the burden of establishing that some nonzero percentage of fault is properly attributed to the plaintiff.
A jury charge must be "even-handed" and the instructions "fair and balanced." At no time should sides be taken or editorial comments made. The charge should not be a "partisan broadcast". Our jury system is "predicated on the proposition that jurors follow a trial judge's limiting instructions".
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.