Bicycle & Skate Law

Jury Instructions

20.04 Uniform Civil Jury Instruction on Negligence

JURY INSTRUCTIONS UCJI No.20.04 COMMON-LAW NEGLIGENCE

In general, it is the duty of every person in our society to use reasonable care to avoid damage that would be reasonably be anticipated. Reasonable care is that care that persons of ordinary prudence exercise in the management of their own affairs to avoid injury to themselves or others. Common-law negligence therefore, is the doing of some act that a reasonably careful person would not do, or the failure to do something that a reasonably careful person would do under the same or similar circumstances. The care exercised should be in keeping with dangers apparent or reasonably foreseeable at the time and place in question, and not in the light of the resulting sequence of events or hindsight.

Comment: See Kirby v. Sonville, 286 Or 339, 344-345, 594 P2d 818 (1979); White v. Milner Hotels, Inc., 267 Or 628, 632-636, 518 P2d 631 (1974).