South Carolina Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense: In South Carolina, Comparative Negligence Defense is a legal principle that can be used in civil cases to determine the percentage of fault or responsibility each party holds for the plaintiff's injuries or damages. The purpose of this general instruction, 6.6.1, is to guide the jury in assessing and allocating fault when multiple parties are involved in a lawsuit. Keywords: South Carolina, Jury Instruction, 6.6.1, General Instruction, Comparative Negligence Defense, civil cases, percentage of fault, responsibility, injuries, damages, party, plaintiff, lawsuit. Different Types of South Carolina Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense: 1. Pure Comparative Negligence: Under pure comparative negligence, the jury is instructed to assign a percentage of fault to each party involved in the case, including the plaintiff. The plaintiff's recovery is then reduced by their assigned percentage of fault. This means that even if the plaintiff is found to be primarily at fault, they can still recover damages, although it may be significantly reduced. 2. Modified Comparative Negligence — 50% Bar Rule: South Carolina applies the modified comparative negligence — 50% bar rule. This means that the plaintiff can only recover damages if they are found to be 50% or less at fault. If the plaintiff's percentage of fault exceeds 50%, they are barred from recovering any damages. 3. Modified Comparative Negligence — 51% Bar Rule: Some states, including South Carolina, apply the modified comparative negligence — 51% bar rule. Under this rule, the plaintiff can only recover damages if they are found to be 50% or less at fault. However, if the plaintiff's fault reaches 51% or more, they are completely barred from recovering damages. 4. Jury Instructions for Allocating Fault: The South Carolina Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense provides specific guidance to the jury on how to allocate fault among the parties involved, ensuring a fair and just determination of each party's responsibility. It may cover topics such as evaluating evidence, considering the reasonable person standard, and determining the percentage of fault for each party. By following South Carolina Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense, the jury can properly assess the comparative negligence of each party and make an informed decision when determining liability and awarding damages in civil cases.
South Carolina Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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