US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 6.2
FELA—Elements and Burden of Proof
[On the plaintiff’s [specify type of claim] claim,] the plaintiff [name] has the burden of proving both of the following elements by a preponderance of the evidence:
First, the defendant [name] was negligent; and
Second, the defendant [name]’s negligence was a cause of an injury to the plaintiff [name].
If you find that the plaintiff [name] has proved both of these elements, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove either of these elements, your verdict should be for the defendant [name].
The defendant [name] has the burden of proving both of the following elements by a preponderance of the evidence:
First, the plaintiff [name] was negligent; and
Second, the plaintiff [name]’s negligence was a cause of the plaintiff [name]’s own injury.
If you find that the defendant [name] has proved both of these elements, you must reduce the percentage of fault attributable to the defendant [name].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
11dfa48c84e848f87bf7d64ee11da2720593f33835cf02830d31c8c0842fe1a0
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