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<Prior Instruction

 

UNAVOIDABLE ACCIDENT

     An accident is an event that is both unusual and unexpected. An accident may or may not be caused by the negligence of a person. An issue that you must decide is whether any act or omission of the defendant violated a legal duty so as to constitute negligence.

     An accident is unavoidable if it is not caused by the negligence of either party and if it could not have been foreseen and avoided by the use of what has previously been defined for you as ordinary care.

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