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WPI 21.05 Burden of Proof on the Issues—Affirmative Defenses Other Than Contributory Negligence...

6 WAPRAC WPI 21.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.05 (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 21.05 Burden of Proof on the Issues—Affirmative Defenses Other Than Contributory Negligence/Assumption of Risk

The defendant has the burden of proving the following affirmative defense[s] claimed by the defendant:

(Here set forth the necessary elements of any affirmative defenses that are in issue other than contributory negligence or assumption of risk.)

If you find from your consideration of all the evidence that [this affirmative defense has] [one or more of these affirmative defenses have] been proved, your verdict should be for the defendant.

NOTE ON USE

Use this instruction if any affirmative defense other than contributory negligence or assumption of risk is in issue. This instruction is necessary to inform the jury that the affirmative defense at issue is a complete defense rather than a diminution of recovery.

For actions in which the felony defense or intoxication defense is claimed, use either WPI 21.08 (Burden of Proof on the Issues—Felony Defense), or WPI 21.09 (Burden of Proof on the Issues—Intoxication Defense), instead of this instruction.

This instruction may be used along with WPI 21.03 (Burden of Proof on the Issues—Contributory Negligence—No Counterclaim), or with WPI 21.04 (Burden of Proof on the Issues—Counterclaim). Neither of those instructions contains a formula for recovery. WPI 11.07 (Determining the Degree of Contributory Negligence) informs the jury that a finding of contributory negligence will be handled separately by a special verdict form. If this instruction is used in a case in which there is no issue of contributory negligence, the last paragraph of WPI 21.02 (Burden of Proof on the Issues—No Affirmative Defense) will have to be modified, so that the formula for returning a verdict will be consistent with an affirmative defense that provides a complete defense.

[Current as of September 2018.]

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