Proposed Mississippi Plain Language Model Jury Instructions - Civil 3209

General Instruction

[Name of plaintiff bailee] claims that [name of defendant bailor]

____________________________ [specify (1) did not make sure that the __________ [specify

property] was reasonably safe for [name of plaintiff bailee] to use or (2) did not tell [name of

plaintiff bailee] about danger(s) or defect(s) in the __________ [specify property], about which

[name of defendant bailor] knew or should have known]. To establish this claim, [name of

plaintiff bailee] must prove all of the following are more likely true than not true:

1. [Name of defendant bailor] gave [a/an/the] __________ [specify property] to __________

[name of plaintiff bailee] to ________________ [describe purpose of the bailment]; and

2. The bailment of __________ [specify property] was for the benefit of both [name of defendant

bailor] and [name of plaintiff bailee]; and

3A. [Name of defendant bailor] did not make sure that the ___________ [specify property] was

reasonably safe for [name of plaintiff bailee] to use;

OR

3B. [Name of defendant bailor] did not tell [name of plaintiff bailee] about any danger(s) or

defect(s) in the ___________ [specify property], about which [name of defendant bailor] knew or

should have known; and

4A. [Name of defendant bailor] knew that [name of plaintiff bailee] was going to use the

_____________ [specify property];

OR

4B. [Name of defendant bailor] should have known that [name of plaintiff bailee] would have

been harmed or injured or suffered damages by using the ____________ [specify property]; and

5A. [Name of defendant bailor]’s failure to make sure that the ____________ [specify property]

was reasonably safe for [name of plaintiff bailee] to use was a substantial factor in causing [name

of plaintiff bailee]’s damages;

OR

5B. [Name of defendant bailor]’s failure to tell [name of plaintiff bailee] about danger(s) or

defect(s) in the _____________ [specify property], about which [name of defendant bailor] knew

or should have known, was a substantial factor in causing [name of plaintiff bailee]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of defendant bailor] give [a/an/the] _____________ [specify property] to [name of

plaintiff bailee] to ________________ [describe purpose of the bailment]?

YES _______ NO ________

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Was the bailment of the _______________ [specify property] for the benefit of both [name of

defendant bailor] and [name of plaintiff bailee]?

YES _______ NO ________

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3A. Did [name of defendant bailor] make sure that the ____________ [specify property] was

reasonably safe for [name of plaintiff bailee] to use?

OR

3B. Did [name of defendant bailor] tell [name of plaintiff bailee] about danger(s) or defect(s) in

the ___________ [specify property], about which [name of defendant bailor] knew or should

have known?

YES _______ NO ________

If your answer to question 3 is NO, then answer question 4. If you answered YES, stop

here and tell the bailiff.

4A. Did [name of defendant bailor] know that [name of plaintiff bailee] was going to use the

_____________ [specify property]?

OR

4B. Should [name of defendant bailor] have known that [name of plaintiff bailee] would have

been harmed or injured or suffered damages by using the ____________ [specify property]?

YES _______ NO ________

If your answer to question 4 is YES, then answer question 5. If you answered NO, stop

here and tell the bailiff.

5A. Was [name of defendant bailor]’s failure to make sure that the ____________ [specify

property] was reasonably safe for [name of plaintiff bailee] to use a substantial factor in causing

[name of plaintiff bailee]’s damages?

OR

5B. Was [name of defendant bailor]’s failure to tell [name of plaintiff bailee] about any danger(s)

or defect(s) in the _____________ [specify property], about which [name of defendant bailor]

knew or should have known, a substantial factor in causing [name of plaintiff bailee]’s damages?

YES _______ NO ________

If your answers to questions 1, 2, 4, and 5 are YES and your answer to question 3 is NO,

then answer question 6. If you answered NO, stop here and tell the bailiff.

6. What are [name of plaintiff bailee]’s damages?

$_________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.