190.03. Nursing Home Care Act-Burden of Proof-No Contributory Negligence

190.03 Nursing Home Care Act--Burden of Proof--No Contributory Negligence The plaintiff has the burden of proving each of the following propositions: [First that [name of resident] was injured and sustained damages [while [name of resident] was a resident of [name of facility].] [Second, that the defendant[s] [were] [was] the [owner] [and] [licensee] of a covered facility]; Third, that the defendant[s] [negligently] [and] [or] [intentionally] violated the Nursing Home Care Act in one of the ways claimed by the plaintiff as stated to you in these instructions; Fourth, that the defendant's violation of the Nursing Home Care Act was a proximate cause of the injury to the plaintiff. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. On the other hand, if you find from your consideration of all of the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.