NC · jury_instructions
N.C.P.I.—Motor Vehicle 104.10
CONTRIBUTORY NEGLIGENCE ISSUE-BURDEN OF PROOF-DEFINITION.
This (state number) issue reads:
“Did the plaintiff, by his own negligence, contribute to his [injury]
[damage]?”1
You will answer this issue only if you have answered the (state
number) issue as to the defendant's negligence “Yes” in favor of the
plaintiff.2
On this (state number) issue the burden of proof is on the
defendant. This means that the defendant must prove, by the greater
weight of the evidence, that the plaintiff was negligent and that such
negligence was a proximate cause of the plaintiff's own [injury]
[damage].
The test of what is negligence, as I have already defined and
explained it, is the same for the plaintiff as for the defendant. If the
plaintiff's negligence joins with the negligence of the defendant in
proximately causing the plaintiff's own [injury] [damage], it is called
contributory negligence, and the plaintiff cannot recover.3
History
N.C.P.I.—Motor Vehicle 104.10 (Replacement June 2018). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
5b079189688669500a9730b2be0829cdc1ab11b26a3bea0e1e0220c3add30ddd
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