Queens New York Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Queens
• Control #: US-11CF-7-7-1
• 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. Queens, New York Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: In Queens, New York, when a personal injury case goes to trial, the jury is provided with instructions to guide them in reaching a fair and just decision. One such instruction is Queens New York Jury Instruction 7.7.1, which pertains to the Comparative Negligence Defense. The Comparative Negligence Defense is a legal concept that allows the defendant in a personal injury lawsuit to argue that the plaintiff's own negligence contributed to their injuries. It is used when the defendant claims that the plaintiff was partially or wholly responsible for the accident or incident that led to their injuries. This instruction is relevant in cases where the plaintiff has alleged negligence on the part of the defendant, but the defendant wishes to present evidence and arguments to show that the plaintiff's own actions or negligence played a role in causing their injuries. By presenting the Comparative Negligence Defense, the defendant seeks to reduce their liability or potentially avoid liability altogether. The purpose of Comparative Negligence is to apportion fault between the parties involved in an accident or incident, based on their respective degrees of negligence. Under New York law, if the jury finds that both the plaintiff and defendant were negligent, the jury must determine the percentage of fault attributable to each party. This means that even if the jury determines the plaintiff was partially at fault, they may still be entitled to recover damages, albeit reduced by their assigned percentage of fault. There are different types of Comparative Negligence Defenses that can be presented in a Queens, New York trial depending on the circumstances of the case. These may include: 1. Pure Comparative Negligence: This defense asserts that both the plaintiff and defendant were negligent, and damages should be awarded according to their respective degrees of fault. For example, if the defendant is found to be 80% responsible and the plaintiff 20% responsible, the plaintiff would be entitled to recover 80% of the total damages awarded. 2. Modified Comparative Negligence: In this type of defense, a threshold percentage of fault must be surpassed for the plaintiff to recover any damages. If the plaintiff's percentage of fault exceeds the threshold, they are barred from recovering any damages. For instance, if the threshold is set at 50%, and the plaintiff is found to be 51% at fault, they will not be eligible for any compensation. In a personal injury trial in Queens, New York, the jury is instructed on the principles of the Comparative Negligence Defense to aid them in determining the allocation of fault between the parties involved. The specific type of Comparative Negligence Defense applicable to a case will depend on the specific facts and circumstances presented during the trial. It is crucial to note that each case is unique, and the application of the Comparative Negligence Defense will depend on the evidence, witness testimony, and arguments presented by the parties involved. The jury's task is to carefully consider and weigh the evidence and determine the degree of fault attributed to both the plaintiff and the defendant, ultimately deciding what damages, if any, should be awarded to the plaintiff considering the principles of comparative negligence.

Queens, New York Jury Instruction — 7.7.1 GeneraInstructionio— - Comparative Negligence Defense: In Queens, New York, when a personal injury case goes to trial, the jury is provided with instructions to guide them in reaching a fair and just decision. One such instruction is Queens New York Jury Instruction 7.7.1, which pertains to the Comparative Negligence Defense. The Comparative Negligence Defense is a legal concept that allows the defendant in a personal injury lawsuit to argue that the plaintiff's own negligence contributed to their injuries. It is used when the defendant claims that the plaintiff was partially or wholly responsible for the accident or incident that led to their injuries. This instruction is relevant in cases where the plaintiff has alleged negligence on the part of the defendant, but the defendant wishes to present evidence and arguments to show that the plaintiff's own actions or negligence played a role in causing their injuries. By presenting the Comparative Negligence Defense, the defendant seeks to reduce their liability or potentially avoid liability altogether. The purpose of Comparative Negligence is to apportion fault between the parties involved in an accident or incident, based on their respective degrees of negligence. Under New York law, if the jury finds that both the plaintiff and defendant were negligent, the jury must determine the percentage of fault attributable to each party. This means that even if the jury determines the plaintiff was partially at fault, they may still be entitled to recover damages, albeit reduced by their assigned percentage of fault. There are different types of Comparative Negligence Defenses that can be presented in a Queens, New York trial depending on the circumstances of the case. These may include: 1. Pure Comparative Negligence: This defense asserts that both the plaintiff and defendant were negligent, and damages should be awarded according to their respective degrees of fault. For example, if the defendant is found to be 80% responsible and the plaintiff 20% responsible, the plaintiff would be entitled to recover 80% of the total damages awarded. 2. Modified Comparative Negligence: In this type of defense, a threshold percentage of fault must be surpassed for the plaintiff to recover any damages. If the plaintiff's percentage of fault exceeds the threshold, they are barred from recovering any damages. For instance, if the threshold is set at 50%, and the plaintiff is found to be 51% at fault, they will not be eligible for any compensation. In a personal injury trial in Queens, New York, the jury is instructed on the principles of the Comparative Negligence Defense to aid them in determining the allocation of fault between the parties involved. The specific type of Comparative Negligence Defense applicable to a case will depend on the specific facts and circumstances presented during the trial. It is crucial to note that each case is unique, and the application of the Comparative Negligence Defense will depend on the evidence, witness testimony, and arguments presented by the parties involved. The jury's task is to carefully consider and weigh the evidence and determine the degree of fault attributed to both the plaintiff and the defendant, ultimately deciding what damages, if any, should be awarded to the plaintiff considering the principles of comparative negligence.