WPI 21.03 Burden of Proof on the Issues—Contributory Negligence—No Counterclaim
6 WAPRAC WPI 21.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.03 Burden of Proof on the Issues—Contributory Negligence—No Counterclaim
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].
The defendant has the burden of proving both of the following propositions:
First, that the plaintiff acted, or failed to act, in one of the ways claimed by the defendant, and that in so acting or failing to act, the plaintiff was negligent;
Second, that the negligence of the plaintiff was a proximate cause of the plaintiff's own [injuries] [and] [property damage] and was therefore contributory negligence.
NOTE ON USE
Use this instruction for any case in which contributory negligence is an issue. Use bracketed material as applicable. Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) with this instruction.
With this instruction, use either verdict form WPI 45.02 (Special Verdict Form—Contributory Negligence—Single Defendant), WPI 45.22 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—Contributory Negligence—No “Empty Chairs”), WPI 45.23 (Special Verdict Form—Personal Injury/Wrongful Death—Single Defendant—Contributory Negligence—“Empty Chairs”), WPI 45.26 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—Contributory Negligence—No “Empty Chairs”), or WPI 45.27 (Special Verdict Form—Personal Injury/Wrongful Death—Multiple Defendants—Contributory Negligence—“Empty Chairs”).
For a case with a counterclaim, use WPI 21.04 (Burden of Proof on the Issues—Counterclaim), instead of this instruction. If affirmative defenses other than contributory negligence are in issue, use WPI 21.05 (Burden of Proof on the Issues—Affirmative Defenses Other than Contributory Negligence/Assumption of Risk). See the Note on Use to that instruction.
If the negligence of the defendant is admitted or there is a directed verdict leaving only the issue of plaintiff's contributory negligence, use WPI 23.02 (Admitted Liability or Directed Verdict—Contributory Negligence—Issues and Burden of Proof).
[Current as of September 2018.]
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