Last updated: 4/8/2013
402.13 Burden of Proof on Main Claim
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Description
402.13 Burden of Proof on Main Claim If the greater weight of the evidence does not support [one or more of] (claimant)'s claim[s], then your verdict should be for (defendant)[s] [on [that] [those] claim(s)]. [However, if the greater weight of the evidence supports [one or more of] (claimant)'s claim(s), then your verdict should be for (claimant) and against (defendant)(s) [on [that] [those] claim(s).] [However, if the greater weight of the evidence supports (claimant)'s claim against one [or] [both] [more] of the defendants, then you should determine and write on the verdict form what percentage of the total negligence of [both] [all] defendants was caused by each of them.]
Related forms
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402.1 Introduction
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402.10 Burden of Proof on Preliminary Issues
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402.11a Issues on Main Claim - Negligence of Physician or Hospital Generally
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402.11b Issues on Main Claim - Negligence of Multiple Defendants
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402.11c Issues on Main Claim - Physician Osteopath Chiropractor Podiatrist or Dentist Treatment Without Informed Consent
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402.11d Issues on Main Claim - Negligence of Health Care Facility - No Comprehensive Risk Management Competent Staff
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402.12a Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Plaintiffs Counsel
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402.12b Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Defendants Counsel
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402.13 Burden of Proof on Main Claim
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402.14 Defense Issues
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402.15 Burden of Proof on Defense Issues
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402.2 Summary of Claims
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.3 Greater Weight of the Evidence
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.4a Medical Negligence - Negligence (Physician Hospital or Other Health Provider)
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402.4b (1) Medical Negligence - Negligence (Treatment Without Informed Consent) - Consent Obtained Irregularly
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.4b (2) Medical Negligence - Negligence (Treatment Without Informed Consent) - Insufficient Information
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402.4c Medical Negligence - Foreign Bodies
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402.4d Medical Negligence - Failure to Make or Maintain Records
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402.4e Medical Negligence - Res Ipsa Loquitur
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402.5 Other Professional Negligence
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.6 Legal Cause
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.7 Legal Cause (Treatment Without Informed Consent)
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402.8a Preemptive Charges - Duty to Use Reasonable Care
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402.8b Preemptive Charges - Vicarious Liability
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.8c Preemptive Charges - Negligence
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.8d Preemptive Charges - Directed Verdict on Liability
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.9a (1) Preliminary Issues - Vicarious Liability - Agency - Independent Contractor and Exceptions
Florida Jury Instructions/Civil/402 Substantive Instructions - Professional Negligence/ -
402.9a (2) Preliminary Issues - Vicarious Liability - Agency Without Claim of Independent Contractor
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402.9b Preliminary Issues - Vicarious Liability - Joint Venture
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