Oregon 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. Oregon Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides guidance to jurors in Oregon courts regarding the concept of comparative negligence in civil cases. This instruction is crucial when determining the extent to which each party involved in a lawsuit may be responsible for causing the plaintiff's injuries or damages. The primary purpose of this instruction is to inform the jury about how comparative negligence affects the allocation of fault and the consequent liability of each party involved in the case. By understanding this instruction, jurors can accurately assess the degree of fault attributed to the plaintiff and the defendant. Keywords: Oregon, jury instruction, 6.6.1, general instruction, comparative negligence defense, civil cases, jurors, lawsuit, injuries, damages, allocation of fault, liability, plaintiff, defendant. Different types of Oregon Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense could include: 1. Pure Comparative Negligence: This variation acknowledges that both the plaintiff and the defendant may share fault for the incident that led to the lawsuit. Under pure comparative negligence, the plaintiff's recovery is reduced by their percentage of fault, regardless of how high that percentage is. Even if the plaintiff is found to be 99% at fault, they are still entitled to a small percentage of damages. 2. Modified Comparative Negligence: With modified comparative negligence, there are two subtypes: the 50% Bar Rule and the 51% Bar Rule. a. 50% Bar Rule: Under this version, the plaintiff can only recover damages if their fault is found to be 50% or less. If the plaintiff's percentage of fault exceeds 50%, they are barred from receiving any compensation. b. 51% Bar Rule: In this variation, the plaintiff is barred from recovering damages if their fault is found to be 51% or more. As long as the plaintiff's percentage of fault is 50% or less, they remain eligible for compensation, with the damages reduced by their portion of fault. These different types of comparative negligence instructions ensure that the jury is well-informed about the legal principles they must apply while deliberating and making decisions concerning liability and damages in civil cases.

Oregon Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides guidance to jurors in Oregon courts regarding the concept of comparative negligence in civil cases. This instruction is crucial when determining the extent to which each party involved in a lawsuit may be responsible for causing the plaintiff's injuries or damages. The primary purpose of this instruction is to inform the jury about how comparative negligence affects the allocation of fault and the consequent liability of each party involved in the case. By understanding this instruction, jurors can accurately assess the degree of fault attributed to the plaintiff and the defendant. Keywords: Oregon, jury instruction, 6.6.1, general instruction, comparative negligence defense, civil cases, jurors, lawsuit, injuries, damages, allocation of fault, liability, plaintiff, defendant. Different types of Oregon Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense could include: 1. Pure Comparative Negligence: This variation acknowledges that both the plaintiff and the defendant may share fault for the incident that led to the lawsuit. Under pure comparative negligence, the plaintiff's recovery is reduced by their percentage of fault, regardless of how high that percentage is. Even if the plaintiff is found to be 99% at fault, they are still entitled to a small percentage of damages. 2. Modified Comparative Negligence: With modified comparative negligence, there are two subtypes: the 50% Bar Rule and the 51% Bar Rule. a. 50% Bar Rule: Under this version, the plaintiff can only recover damages if their fault is found to be 50% or less. If the plaintiff's percentage of fault exceeds 50%, they are barred from receiving any compensation. b. 51% Bar Rule: In this variation, the plaintiff is barred from recovering damages if their fault is found to be 51% or more. As long as the plaintiff's percentage of fault is 50% or less, they remain eligible for compensation, with the damages reduced by their portion of fault. These different types of comparative negligence instructions ensure that the jury is well-informed about the legal principles they must apply while deliberating and making decisions concerning liability and damages in civil cases.