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  • Writer's pictureLandon Stinson

401.18 ISSUES ON PLAINTIFF’S CLAIM — GENERAL NEGLIGENCE

401.18 ISSUES ON PLAINTIFF’S CLAIM — GENERAL NEGLIGENCE


The [next] issues you must decide on (claimant’s) claim against (defendant) are:


a. Negligence, generally:


whether (defendant) was negligent in (describe alleged negligence), and, if so, whether that negligence was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made).


b. Two drivers’ negligence:


whether (defendant) or (defendant) was negligent or whether both were negligent in operating the vehicles, and, if so, whether that negligence was a legal cause of [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made).


c. Negligence of parent (damage caused by child):


whether (defendant parent(s)) negligently [provided] [left in the possession of] [or] [left accessible to] [his] [her] child, (name), (name item) which, because of the child’s age or lack of judgment or experience, was an unreasonable risk of harm to others [or] [failed to restrain or control [his] [her] child, (name),] [or] [directed or encouraged [his] [her] child, (name), to do something involving an unreasonable risk of harm to others]; and, if so, whether that negligence was a legal cause of [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made)].


d. Railroad, airline, or bus line negligence:


whether (defendant) was negligent in the operation of its [train] [airplane] [bus], and, if so, whether that negligence was a legal cause of [loss] [injury] [or] [damage] to (claimant, decedent, or person for whose injury claim is made).


NOTE ON USE FOR 401.18d


For the degree of care required for passengers of common carriers, see instruction 401.6. If the claimant is a passenger of railroad, airline, bus line, or other common carrier, use instruction 401.9 instead of this instruction.


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