Puerto Rico Jury Instruction - 1.1 Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11C-0-1-1
• 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. Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction given to jurors in Puerto Rico regarding the concept of comparative negligence defense. This instruction is crucial in cases where the plaintiff alleges negligence on the part of the defendant, but the defendant seeks to argue that the plaintiff's own negligence contributed to their injuries or damages. The purpose of this instruction is to provide jurors with a framework to assess and apportion fault between the plaintiff and the defendant in determining liability and potential damages. By understanding the principles of comparative negligence, jurors can evaluate the actions or inaction of both parties and assign percentages of fault accordingly. There are two types of comparative negligence doctrines commonly used in Puerto Rico: 1. Pure Comparative Negligence: This type allows the plaintiff to recover damages even if the percentage of fault attributed to them is greater than the defendant. For example, if the jury determines that the plaintiff is 75% at fault and the defendant is 25% at fault, the plaintiff can still recover compensation, but it would be reduced by their allocated fault percentage (in this case, by 75%). 2. Modified Comparative Negligence with a 50% Bar Rule: Under this type, the plaintiff can only recover damages if their percentage of fault is equal to or less than the defendant's percentage of fault. If the jury finds that the plaintiff's fault is greater than 50%, they are barred from recovering any compensation. However, if the plaintiff's fault is 50% or less, they can still recover damages, but the amount will be reduced in proportion to their assigned fault percentage. In Puerto Rico, it is important for jurors to understand the concept of comparative negligence and its different types to ensure a fair and just assessment of liability. The Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense provides them with the necessary guidance to consider the actions of both parties and distribute fault accordingly. By doing so, jurors can contribute to the proper resolution of civil cases, promoting equity and justice in Puerto Rico's legal system.

Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction given to jurors in Puerto Rico regarding the concept of comparative negligence defense. This instruction is crucial in cases where the plaintiff alleges negligence on the part of the defendant, but the defendant seeks to argue that the plaintiff's own negligence contributed to their injuries or damages. The purpose of this instruction is to provide jurors with a framework to assess and apportion fault between the plaintiff and the defendant in determining liability and potential damages. By understanding the principles of comparative negligence, jurors can evaluate the actions or inaction of both parties and assign percentages of fault accordingly. There are two types of comparative negligence doctrines commonly used in Puerto Rico: 1. Pure Comparative Negligence: This type allows the plaintiff to recover damages even if the percentage of fault attributed to them is greater than the defendant. For example, if the jury determines that the plaintiff is 75% at fault and the defendant is 25% at fault, the plaintiff can still recover compensation, but it would be reduced by their allocated fault percentage (in this case, by 75%). 2. Modified Comparative Negligence with a 50% Bar Rule: Under this type, the plaintiff can only recover damages if their percentage of fault is equal to or less than the defendant's percentage of fault. If the jury finds that the plaintiff's fault is greater than 50%, they are barred from recovering any compensation. However, if the plaintiff's fault is 50% or less, they can still recover damages, but the amount will be reduced in proportion to their assigned fault percentage. In Puerto Rico, it is important for jurors to understand the concept of comparative negligence and its different types to ensure a fair and just assessment of liability. The Puerto Rico Jury Instruction — 1.1 Comparative Negligence Defense provides them with the necessary guidance to consider the actions of both parties and distribute fault accordingly. By doing so, jurors can contribute to the proper resolution of civil cases, promoting equity and justice in Puerto Rico's legal system.