3.5-1 Comparative Negligence -
Revised to January 1, 2008
In this case, the
defendant has filed a special defense alleging that the
plaintiff's injuries were legally caused by the plaintiff's
own negligence. The defendant must prove the elements of
this special defense by a preponderance of the evidence.
Specifically, the defendant must prove that the plaintiff
was negligent in one or more of the ways specified in the
special defense and that such negligence was a legal cause
of any of the plaintiff's injuries.