Last updated: 6/3/2014
B14.03. Duty to Refrain From Willful and Wanton Conduct-PlaintiffStart Your Free Trial $ 13.99
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B14.03 Duty to Refrain From Willful and Wanton Conduct--Plaintiff  It was the duty of the plaintiff [under Count [__] of the complaint], before and at the time of the occurrence, to refrain from willful and wanton conduct that would endanger [his person] [and] [his property]. A plaintiff is contributorily willful and wanton if (1) his conduct is willful and wanton, and (2) such willful and wanton conduct is a proximate cause of the [alleged] [injury] [death] [property damage]. [Alternative 1]  [The plaintiff's contributory willful and wanton conduct, if any, which is 50% or less of the total proximate cause of the injury or damage for which recovery is sought, does not bar his recovery. However, the total amount of damages to which he would otherwise be entitled is reduced in proportion to the amount of his willful and wanton conduct. This is known as comparative fault.]  [If the plaintiff's contributory willful and wanton conduct is more than 50% of the total proximate cause of the injury or damage for which recovery is sought, it bars plaintiff's recovery and your verdict shall be for the defendant[s].] [Alternative 2]  [The plaintiff's contributory willful and wanton conduct, if any, bars his recovery, and your verdict shall be for the defendant[s].]