OK · jury_instructions
OUJI-CIV No. 9.17
COMPARATIVE NEGLIGENCE NOT A DEFENSE TO WILLFUL AND WANTON
COMPARATIVE NEGLIGENCE NOT A DEFENSE TO WILLFUL AND WANTON
OR INTENTIONAL CONDUCT
You are instructed that negligence is not a defense to conduct that is either willful
and wanton or intentional. T herefore, if you find that the conduct of [Defendant] was
willful and wanton or intentional, then you shall use the Blue Verdict Form and not
reduce the amount of [Plaintiff]'s damages on account of any negligence of [Plaintiff].
[The conduct of [Defenda nt] was willful and wanton if [Defendant] was either
aware, or did not care, that there was a substantial and unnecessary risk that [his/her/its]
conduct would cause serious injury to others. In order for the conduct to be willful and
wanton, it must have been unreasonable under the circumstances, and also there must
have been a high probability that the conduct would cause serious harm to another
person.]
[[Defendant]'s conduct was intentional if he/she desired to cause injury to
[Plaintiff] or knew that such injury was substantially certain to result from [his/her]
conduct.]
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
5342088dc9ca28169426c0ee7f09ac0f21d53a426838a9e800844226f403bdd3
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