Last updated: 1/21/2016
2904. Comparative Fault
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Description
2904. Comparative Fault Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff/decedent] was negligent and that [his/her] negligence contributed to [his/her] own [harm/death]. To succeed, [name of defendant] must prove both of the following: 1. 2. That [name of plaintiff/decedent] was negligent; and That [name of plaintiff/decedent]'s negligence was a cause of [his/her] [harm/death]. [Name of plaintiff/decedent]'s negligence, if any, was a cause of [his/her] own [harm/death] if it played any part, no matter how small, in bringing about [his/her] [harm/death], even if other factors also contributed to [his/her] [harm/death]. If you decide that [name of defendant] was negligent but also decide that [name of plaintiff/decedent]'s negligence contributed to the harm, then you must determine the percentage of negligence that you attribute to [name of plaintiff/decedent]. ________________________________________________________________________________ New September 2003; Revised December 2009
