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.
Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense: In personal injury cases in Washington state, the Comparative Negligence Defense is a crucial legal concept. Washington Jury Instruction — 6.6.1 provides guidance to jurors on how to consider the comparative negligence of both the plaintiff and the defendant in determining liability and damages. Comparative negligence is a legal doctrine that acknowledges that more than one party may be at fault for an accident or injury. Under this defense, the plaintiff's recovery may be reduced by the percentage of their own negligence that contributed to the harm suffered. Key elements covered by Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense include: 1. Apportioning fault: The instruction outlines how jurors should evaluate the actions of both the plaintiff and the defendant to determine their respective percentage of fault. The jury should consider the evidence provided and assign a percentage to each party based on their contribution to the accident or injury. 2. Proportional damages: If the plaintiff is found partially at fault, the jury must calculate the damages proportionately. For example, if the plaintiff is deemed 20% responsible, their eligible damages will be reduced by that same percentage. 3. Comparative negligence as a defense: This instruction also instructs the jury on how to weigh the evidence presented regarding comparative negligence for both the plaintiff and the defendant. It emphasizes that even if the plaintiff is partially responsible, they may still recover damages, albeit reduced. Different types or variations of Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense may include modifications to adapt to specific circumstances, such as: 1. Modified Comparative Negligence: Some jurisdictions, including Washington, follow a modified comparative negligence system. This variation allows the plaintiff to recover damages but only if their fault does not exceed a certain threshold, usually 50%. If the plaintiff's fault exceeds the threshold, they may be barred from any recovery. 2. Pure Comparative Negligence: An alternative approach followed in some states is pure comparative negligence, which allows the plaintiff to recover damages regardless of their percentage of fault. However, the amount of damages awarded will be reduced based on their level of negligence. 3. Proportional Reduction of Damages: Washington's comparative negligence framework typically follows the proportional reduction of damages, where the plaintiff's damages are reduced in proportion to their percentage of negligence. Other jurisdictions may use different methods to calculate the reduced damages, such as a subtractive approach. Overall, Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense assists jurors in comprehending the concept of comparative negligence, ensuring a fair and just evaluation of fault and damages in personal injury cases.
Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense: In personal injury cases in Washington state, the Comparative Negligence Defense is a crucial legal concept. Washington Jury Instruction — 6.6.1 provides guidance to jurors on how to consider the comparative negligence of both the plaintiff and the defendant in determining liability and damages. Comparative negligence is a legal doctrine that acknowledges that more than one party may be at fault for an accident or injury. Under this defense, the plaintiff's recovery may be reduced by the percentage of their own negligence that contributed to the harm suffered. Key elements covered by Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense include: 1. Apportioning fault: The instruction outlines how jurors should evaluate the actions of both the plaintiff and the defendant to determine their respective percentage of fault. The jury should consider the evidence provided and assign a percentage to each party based on their contribution to the accident or injury. 2. Proportional damages: If the plaintiff is found partially at fault, the jury must calculate the damages proportionately. For example, if the plaintiff is deemed 20% responsible, their eligible damages will be reduced by that same percentage. 3. Comparative negligence as a defense: This instruction also instructs the jury on how to weigh the evidence presented regarding comparative negligence for both the plaintiff and the defendant. It emphasizes that even if the plaintiff is partially responsible, they may still recover damages, albeit reduced. Different types or variations of Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense may include modifications to adapt to specific circumstances, such as: 1. Modified Comparative Negligence: Some jurisdictions, including Washington, follow a modified comparative negligence system. This variation allows the plaintiff to recover damages but only if their fault does not exceed a certain threshold, usually 50%. If the plaintiff's fault exceeds the threshold, they may be barred from any recovery. 2. Pure Comparative Negligence: An alternative approach followed in some states is pure comparative negligence, which allows the plaintiff to recover damages regardless of their percentage of fault. However, the amount of damages awarded will be reduced based on their level of negligence. 3. Proportional Reduction of Damages: Washington's comparative negligence framework typically follows the proportional reduction of damages, where the plaintiff's damages are reduced in proportion to their percentage of negligence. Other jurisdictions may use different methods to calculate the reduced damages, such as a subtractive approach. Overall, Washington Jury Instruction — 6.6.1 GeneraInstructionio— - Comparative Negligence Defense assists jurors in comprehending the concept of comparative negligence, ensuring a fair and just evaluation of fault and damages in personal injury cases.