Bronx New York Jury Instruction - 1.1 Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Bronx
• 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. Bronx New York Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction provided to the jury in a civil personal injury case in the Bronx, New York. This instruction specifically deals with cases where the defendant is claiming that the plaintiff's own negligence contributed to their injuries, and therefore they should bear some percentage of the fault. Comparative negligence is a legal concept that allows for a fair allocation of fault between the plaintiff and the defendant based on their respective contributions to the accident or injury. The purpose of this instruction is to guide the jury in understanding how to assess and apportion the fault between the parties involved. There are various types of Comparative Negligence Defense instructions that may be applicable to a given case in Bronx, New York. Some of these include: 1.1-A Pure Comparative Negligence Defense: This instruction explains the pure form of comparative negligence, where the jury is instructed to assign a percentage of fault to each party based on their respective contributions to the accident. Under this rule, the plaintiff can still recover damages, even if they were primarily responsible for the accident, but their recovery will be reduced by their assigned percentage of fault. 1.1-B Modified Comparative Negligence Defense (50% Bar Rule): This instruction pertains to cases where the plaintiff is barred from recovering damages if their percentage of fault exceeds 50%. In such instances, if the jury finds the plaintiff to be 51% or more at fault, they are completely barred from receiving any compensation. 1.1-C Modified Comparative Negligence Defense (51% Bar Rule): This instruction is similar to the 50% Bar Rule, but with a slight difference. Here, the plaintiff is barred from recovering damages if their fault exceeds 51%. If the jury finds the plaintiff to be 50% or less at fault, they can still recover damages, but their awarded amount will be reduced by their assigned percentage of fault. The specific instruction used in a Bronx New York Comparative Negligence Defense case would depend on the circumstances and the applicable laws. It is crucial for the jury to carefully consider the evidence and arguments presented by both parties before making a determination in accordance with the appropriate jury instruction.

Bronx New York Jury Instruction — 1.1 Comparative Negligence Defense is a legal instruction provided to the jury in a civil personal injury case in the Bronx, New York. This instruction specifically deals with cases where the defendant is claiming that the plaintiff's own negligence contributed to their injuries, and therefore they should bear some percentage of the fault. Comparative negligence is a legal concept that allows for a fair allocation of fault between the plaintiff and the defendant based on their respective contributions to the accident or injury. The purpose of this instruction is to guide the jury in understanding how to assess and apportion the fault between the parties involved. There are various types of Comparative Negligence Defense instructions that may be applicable to a given case in Bronx, New York. Some of these include: 1.1-A Pure Comparative Negligence Defense: This instruction explains the pure form of comparative negligence, where the jury is instructed to assign a percentage of fault to each party based on their respective contributions to the accident. Under this rule, the plaintiff can still recover damages, even if they were primarily responsible for the accident, but their recovery will be reduced by their assigned percentage of fault. 1.1-B Modified Comparative Negligence Defense (50% Bar Rule): This instruction pertains to cases where the plaintiff is barred from recovering damages if their percentage of fault exceeds 50%. In such instances, if the jury finds the plaintiff to be 51% or more at fault, they are completely barred from receiving any compensation. 1.1-C Modified Comparative Negligence Defense (51% Bar Rule): This instruction is similar to the 50% Bar Rule, but with a slight difference. Here, the plaintiff is barred from recovering damages if their fault exceeds 51%. If the jury finds the plaintiff to be 50% or less at fault, they can still recover damages, but their awarded amount will be reduced by their assigned percentage of fault. The specific instruction used in a Bronx New York Comparative Negligence Defense case would depend on the circumstances and the applicable laws. It is crucial for the jury to carefully consider the evidence and arguments presented by both parties before making a determination in accordance with the appropriate jury instruction.