Wisconsin Jury Instruction - 2.2 With Comparative Negligence Defense

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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.

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FAQ

Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.

General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.

A person found to be causally negligent whose percentage of causal negligence is 51% or more shall be jointly and severally liable for the damages allowed. (2) Concerted action.

The existence of a duty owed to the plaintiff by the defen- dant is one of the four basic elements required to establish liability in a negligence action, i.e., duty, breach, cause and harm.

Wisconsin negligence law states that contributory negligence is only a bar to a claim if the plaintiff (Patricia) is more at fault for the accident than the defendant. This is referred to as "modified comparative negligence."

The Civil, Criminal, and Children's Jury Instructions Committees are standing committees of the Wisconsin Judicial Conference. These committees prepare model jury instructions for Wisconsin circuit court judges. Current committee members are listed on the Wisconsin Judicial Conference committee list.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

The negligence laws in Wisconsin follow a system known as modified comparative negligence, or the 51 percent bar rule. This means that you may still recover some of the settlement in your Milwaukee car accident claim even if you were partially at fault for the accident.

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Wisconsin Jury Instruction - 2.2 With Comparative Negligence Defense