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QuickCase SM |
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CARE FOR
SAFETY OF CHILD
Children do not exercise the same degree of care for their own
safety as do adults. In the exercise of ordinary care the defendant should
anticipate the ordinary behavior of children of the same or similar age as
would be anticipated by a person of ordinary prudence under the same
circumstances. The defendant must exercise a degree of care commensurate
with such circumstances. In applying the standard you should determine
first whether the defendant saw or should have seen such child, determine
the apparent age of the child, what action the child did or did not do and
what action defendant did or did not do and using the rule of ordinary
care, determine whether or not defendant was negligent.
Second, if you find that defendant did not see or in the exercise
of ordinary care could not have seen the child in time to avoid the injury
then the defendant was using ordinary care under all of the facts and
circumstances and was not negligent in this respect.