Pennsylvania 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. Keywords: Pennsylvania Jury Instruction, 7.7.1 General Instruction, Comparative Negligence Defense, different types The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal guideline provided to jurors in Pennsylvania during a trial involving a claim of negligence. This instruction explains the concept of comparative negligence, which is a defense strategy that aims to reduce or allocate liability between the plaintiff (the injured party) and the defendant (the allegedly negligent party) based on the degree of fault each party contributed to the accident or injury. Under this instruction, jurors are informed about the different types of comparative negligence recognized in Pennsylvania law, which are primarily contributory negligence and comparative negligence. 1. Contributory Negligence: Contributory negligence refers to a legal doctrine that bars the plaintiff from recovering any damages if they are found to have contributed, even slightly, to the accident or their own injury. In cases where the plaintiff is determined to be even a minimum percentage at fault, their recovery may be completely barred. However, it's important to note that Pennsylvania follows a modified comparative negligence rule rather than a strict contributory negligence rule, which allows plaintiffs to recover damages as long as their percentage of fault is not greater than the defendant’s. 2. Comparative Negligence: Comparative negligence, on the other hand, allows the plaintiff to recover damages even if they are partially at fault for the accident or injury. This doctrine seeks to apportion fault based on the percentage of negligence assigned to each party involved. In Pennsylvania, the modified comparative negligence rule is applied, which means that the plaintiff's recovery is reduced in proportion to their percentage of fault. If the plaintiff's negligence is determined to be 51% or more, then they cannot recover any damages from the defendant. The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense serves as a guide for jurors on how to evaluate the evidence presented during a trial and determine the degree of fault of each party involved. It emphasizes the importance of considering all relevant factors, such as the actions and behavior of both the plaintiff and the defendant, as well as any other contributing factors to the accident or injury. Overall, this jury instruction ensures that jurors understand the principles of comparative negligence and apply them appropriately when deciding on issues of liability and damages in negligence cases in Pennsylvania.

Keywords: Pennsylvania Jury Instruction, 7.7.1 General Instruction, Comparative Negligence Defense, different types The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense is a legal guideline provided to jurors in Pennsylvania during a trial involving a claim of negligence. This instruction explains the concept of comparative negligence, which is a defense strategy that aims to reduce or allocate liability between the plaintiff (the injured party) and the defendant (the allegedly negligent party) based on the degree of fault each party contributed to the accident or injury. Under this instruction, jurors are informed about the different types of comparative negligence recognized in Pennsylvania law, which are primarily contributory negligence and comparative negligence. 1. Contributory Negligence: Contributory negligence refers to a legal doctrine that bars the plaintiff from recovering any damages if they are found to have contributed, even slightly, to the accident or their own injury. In cases where the plaintiff is determined to be even a minimum percentage at fault, their recovery may be completely barred. However, it's important to note that Pennsylvania follows a modified comparative negligence rule rather than a strict contributory negligence rule, which allows plaintiffs to recover damages as long as their percentage of fault is not greater than the defendant’s. 2. Comparative Negligence: Comparative negligence, on the other hand, allows the plaintiff to recover damages even if they are partially at fault for the accident or injury. This doctrine seeks to apportion fault based on the percentage of negligence assigned to each party involved. In Pennsylvania, the modified comparative negligence rule is applied, which means that the plaintiff's recovery is reduced in proportion to their percentage of fault. If the plaintiff's negligence is determined to be 51% or more, then they cannot recover any damages from the defendant. The Pennsylvania Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense serves as a guide for jurors on how to evaluate the evidence presented during a trial and determine the degree of fault of each party involved. It emphasizes the importance of considering all relevant factors, such as the actions and behavior of both the plaintiff and the defendant, as well as any other contributing factors to the accident or injury. Overall, this jury instruction ensures that jurors understand the principles of comparative negligence and apply them appropriately when deciding on issues of liability and damages in negligence cases in Pennsylvania.