Riverside California Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense

• Category: Federal - Jury Instructions
• State: Multi-State
• County: Riverside
• 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.

Riverside California Jury Instruction 7.7.1 General Instruction — Comparative Negligence Defense is an important legal instruction provided to jurors in Riverside County, California, during civil trials. This instruction aims to guide jurors in understanding the concept of comparative negligence and its applicability in determining liability and damages in a personal injury case. Comparative negligence is a defense raised by a defendant who claims that the plaintiff's own negligence contributed to their injuries and should therefore proportionally reduce the amount of compensation awarded. Jurors receive this instruction to assist them in evaluating the extent to which both the plaintiff and the defendant may be responsible for the incident. Here are some relevant details about Riverside California Jury Instruction 7.7.1 General Instruction — Comparative Negligence Defense: 1. Purpose: The purpose of this instruction is to ensure that jurors comprehend the principles of comparative negligence, enabling them to consider the degrees of fault between the parties involved in the case accurately. 2. Definition: This instruction provides a clear definition of comparative negligence, stating that it is a legal doctrine that allows for a reduction in damages awarded to a plaintiff based on the percentage of their responsibility for the incident. 3. Application: Jurors are given guidance on how to apply comparative negligence to the case they are evaluating. They are instructed to consider the evidence and arguments presented by both sides regarding the plaintiff's and defendant's actions and determine the respective degrees of fault. 4. Comparative Fault: This instruction outlines that if the jury finds the plaintiff to be partially responsible for their injuries, any damages awarded will be reduced proportionally to reflect their own negligence. The jury must assess the percentage of fault attributable to each party involved. 5. Burden of Proof: Jurors are informed that the burden of proving comparative negligence lies with the defendant. The defense must present evidence and persuasively demonstrate that the plaintiff's negligence contributed to the incident. 6. Contributory Negligence: Riverside California Jury Instruction 7.7.1 General Instruction — Comparative Negligence Defense also includes alternative jury instructions on contributory negligence. This option asks jurors to consider whether the negligence of the plaintiff completely contributed to their own injuries and could completely bar their recovery. It is important to note that different versions or variations of Riverside California Jury Instruction 7.7.1 General Instruction — Comparative Negligence Defense may exist, depending on updates to the law or specific case requirements. These variations, if applicable, could address factors such as the burden of proof, the calculation of damages, or any relevant specific nuances of the case law. In summary, Riverside California Jury Instruction 7.7.1 General Instruction — Comparative Negligence Defense provides crucial guidance to jurors in Riverside County, California, regarding the legal concept of comparative negligence. By emphasizing the assessment of both the plaintiff's and defendant's fault, this instruction ensures a fair and accurate determination of liability and damages in personal injury cases.