B21.03. Burden Of Proof on the Issues-Affirmative Defenses

B21.03 Burden of Proof on the Issues--Affirmative Defenses The plaintiff has the burden of proving each of the following propositions: First, that the defendant acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent; Second, that [the plaintiff was injured] [and] [the plaintiff's property was damaged]; Third, that the negligence of the defendant was a proximate cause of [the injury to the plaintiff] [and] [the damage to the plaintiff's property]. In this case defendant has asserted [the affirmative defense that] [certain affirmative defenses that]: [Concisely state affirmative defenses.] The defendant has the burden of proving [this] [these] defense[s]. If you find from your consideration of all the evidence, that any one of the propositions the plaintiff is required to prove has not been proved, [or that [any one of] the defendant's affirmative defense[s] has been proved,] then your verdict shall be for the defendant. If, on the other hand, you find from your consideration of all the evidence that each of the propositions required of the plaintiff has been proved and that [none of] the defendant's affirmative defense[s] has [not] been proved, then you must consider the defendant's claim that the plaintiff was contributorily negligent. As to that claim, defendant has the burden of proving each of the following propositions: A: That the plaintiff acted or failed to act in one of the ways claimed by the defendant as stated to you in these instructions and that in so acting, or failing to act, the plaintiff was negligent; B: That the plaintiff's negligence was a proximate cause of [his injury] [and] [the damage to his property]. If you find from your consideration of all the evidence that the plaintiff has proved all of the propositions required of him and that the defendant has not proved both of the propositions required of him, then your verdict shall be for the plaintiff and you shall not reduce the plaintiff's damages. If you find from your consideration of all the evidence that the plaintiff has proved all of the propositions required of him and that the defendant has proved both of the propositions required of him, and if you find that the plaintiff's contributory negligence was greater than 50% of the total proximate cause of the injury or damage for which recovery is sought, then your verdict shall be for the defendant. If you find from your consideration of all the evidence that the plaintiff has proved all the propositions required of him and that the defendant has proved both of the propositions required of him, and if you find that the plaintiff's contributory negligence was 50% or less of the total proximate cause of the injury or damage for which recovery is sought, then your verdict shall be for the plaintiff and you shall reduce the plaintiff's damages in the manner stated to you in these instructions.