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  • Writer's pictureLandon Stinson

401.11 DUTY OF MOTORIST TOWARD CHILDREN (Florida Standard Jury Instruction)

401.11 DUTY OF MOTORIST TOWARD CHILDREN


A motorist must use reasonable care to guard against the unpredictable and erratic behavior of children on or near the [street] [highway] if [he] [she] knows or should know of their presence.


NOTES ON USE FOR 401.11


1. This instruction is designed for use in cases involving a younger child when the child is observed or is at a place where children may reasonably be expected.


2. The committee recommends that this instruction not be given in cases involving an older child in circumstances where youthful inattention or immaturity is not involved.



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