AMI 204 Issues—Complaint and Counterclaim Based on Negligence or Fault—Burden of Proof

(Plaintiff) and (defendant) claim damages from each other. A party claiming damages has the burden of proving each of three essential propositions:

First, that [he][she][it] has sustained damages;

Second, that the party from whom [he][she][it] seeks to recover was negligent;

And third, that such negligence was a proximate cause of the damages sustained by the claiming party.

Each party contends that the other acted with negligence which was a proximate cause of [his] [her][its] own damages. Each has the burden of proving this contention.