Tarrant Texas Jury Instruction - 1.1 Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Tarrant
• 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. The Tarrant Texas Jury Instruction — 1.1 Comparative Negligence Defense provides specific guidance to jurors regarding the concept of comparative negligence in personal injury cases. This instruction educates the jury on how to assess responsibility for an accident or injury when multiple parties are involved. Within the realm of comparative negligence, there are two main types of instructions that may be issued to the jury: pure comparative negligence and modified comparative negligence. 1. Pure Comparative Negligence: Under pure comparative negligence, the jury determines the percentage of fault assigned to each party involved in the case, including the plaintiff (injured party) and the defendant(s). The damages awarded to the plaintiff are then reduced by their assigned percentage of fault. This means that even if the plaintiff has a high percentage of fault, they can still recover damages, albeit reduced. 2. Modified Comparative Negligence: Modified comparative negligence follows two sub-types known as the "50% rule" and the "51% rule." a) 50% Rule: Under the 50% rule (also known as the "equal or less than rule"), the plaintiff cannot recover damages if their percentage of fault is equal to or greater than 50%. However, if the plaintiff's assigned fault is less than 50%, they can still pursue and recover damages. In such cases, the damages are reduced by the plaintiff's assigned percentage of fault. b) 51% Rule: The 51% rule is more restrictive than the 50% rule. It states that the plaintiff cannot recover damages if their percentage of fault is equal to or greater than 51%. Similar to the 50% rule, if the plaintiff's assigned fault is less than 51%, they can still seek and receive damages, reduced by their percentage of fault. In summary, the Tarrant Texas Jury Instruction — 1.1 Comparative Negligence Defense provides jurors with an understanding of how to evaluate the negligence of each party involved in a personal injury case. By considering the different types of comparative negligence instructions, jurors can determine the appropriate amount of damages awarded to the plaintiff based on their assigned percentage of fault. This ensures a fair and just resolution for all parties involved in the litigation process.

The Tarrant Texas Jury Instruction — 1.1 Comparative Negligence Defense provides specific guidance to jurors regarding the concept of comparative negligence in personal injury cases. This instruction educates the jury on how to assess responsibility for an accident or injury when multiple parties are involved. Within the realm of comparative negligence, there are two main types of instructions that may be issued to the jury: pure comparative negligence and modified comparative negligence. 1. Pure Comparative Negligence: Under pure comparative negligence, the jury determines the percentage of fault assigned to each party involved in the case, including the plaintiff (injured party) and the defendant(s). The damages awarded to the plaintiff are then reduced by their assigned percentage of fault. This means that even if the plaintiff has a high percentage of fault, they can still recover damages, albeit reduced. 2. Modified Comparative Negligence: Modified comparative negligence follows two sub-types known as the "50% rule" and the "51% rule." a) 50% Rule: Under the 50% rule (also known as the "equal or less than rule"), the plaintiff cannot recover damages if their percentage of fault is equal to or greater than 50%. However, if the plaintiff's assigned fault is less than 50%, they can still pursue and recover damages. In such cases, the damages are reduced by the plaintiff's assigned percentage of fault. b) 51% Rule: The 51% rule is more restrictive than the 50% rule. It states that the plaintiff cannot recover damages if their percentage of fault is equal to or greater than 51%. Similar to the 50% rule, if the plaintiff's assigned fault is less than 51%, they can still seek and receive damages, reduced by their percentage of fault. In summary, the Tarrant Texas Jury Instruction — 1.1 Comparative Negligence Defense provides jurors with an understanding of how to evaluate the negligence of each party involved in a personal injury case. By considering the different types of comparative negligence instructions, jurors can determine the appropriate amount of damages awarded to the plaintiff based on their assigned percentage of fault. This ensures a fair and just resolution for all parties involved in the litigation process.