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<Prior Instruction Next Instruction>
ACTION BY
PARENT
There are two causes of action in the @h@tter before you: one by
Troy Eugene Bias, a minor and the other by Shelby Bias, the father. The
previous instructions that I gave you regarding contributory negligence,
if any, of the parent as not imputable to
the child does not
apply as to the second cause of action. As to such cause of action, in the
event you find that negligence of the defendant proximately caused the
injuries to the child, then you must decide further whether the
negligence, if any, of the plaintiff father proximately contributed to
cause the injuries which the child received. Parents are not required to
guard their children against unknown dangers or dangers that ordinary
diligence and prudence would not disclose. The degree of care required
depends upon the circumstances in the case and upon the situation and
condition of the parent. A parent is required to exercise that degree of
care and control over a child which an ordinarily careful and reasonable
parent would exercise over a child of the same age, education and
experience under the same or similar circumstances. A failure by the
plaintiff father to exercise such care is negligent and deprives him of
the right to recover if such failure proximately contributed to cause the
injuries to the child.
7016