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WPI 21.02 Burden of Proof on the Issues—No Affirmative Defense

6 WAPRAC WPI 21.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.02 Burden of Proof on the Issues—No Affirmative Defense
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 and that in so acting, or failing to act, the defendant was negligent;
Second, that [the plaintiff was injured] [and] [or] [plaintiff's property was damaged];
Third, that the negligence of the defendant was a proximate cause of [the injury to the plaintiff] [and] [or] [the damage to plaintiff's property].
If you find from your consideration of all the evidence that each of these propositions has been proved, your verdict should be for the plaintiff. On the other hand, if any of these propositions has not been proved, your verdict should be for the defendant.
Use bracketed material as applicable. Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) with this instruction. Also use either verdict form WPI 45.20 (General Verdict Forms—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—No “Empty Chairs”—Separate Damage Elements) or WPI 45.21 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—“Empty Chairs”).
Use this instruction if there is only one defendant and there is no issue of contributory negligence or any other affirmative defense. If there is more than one defendant, use WPI 21.02.01 (Burden of Proof on the Issues—No Affirmative Defense—Two or More Defendants), instead of this instruction. If there is an issue of contributory negligence and no counterclaim, use WPI 21.03 (Burden of Proof on the Issues—Contributory Negligence—No Counterclaim) instead of this instruction. If there is a counterclaim, use WPI 21.04 (Burden of Proof on the Issues—Counterclaim) instead of this instruction.
If the case contains a cross-claim between defendants, or a third-party complaint, this instruction should be used for the plaintiff and defendant and similar paragraphs should be added, as pertinent, to define the burden of proof of the cross-complainant as against the cross-defendant or the burden of proof of the third-party claimant as against the third-party defendant. In such case, it is suggested that the actual names of the parties be used throughout the instruction instead of “plaintiff,” “defendant,” “cross-claimant,” “cross-defendant,” “third-party claimant,” and “third-party defendant.”
[Current as of September 2018.]
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