M Civ JI 10.04 Duty to Use Ordinary Care - Adult - Plaintiff

It was the duty of the plaintiff, in connection with this occurrence, to use ordinary care for [ [ his / her ] own safety / and / the safety of [ his / her ] property ].

Note on Use

If the plaintiff is age 18 or over, this instruction should be used with M Civ JI 10.02, Negligence of Adult—Definition. If the plaintiff is under age 18, refer to the Comment following M Civ JI 10.02.

If the conduct of a person other than plaintiff was involved in the occurrence, substitute name or other descriptive term in the instruction.

This instruction should not be used if the injury results from participation in a recreational activity; coparticipants in such activity owe each other a duty not to act recklessly. Ritchie-Gamester v City of Berkley, 461 Mich 73; 597 NW2d 517 (1999)

Comment

This instruction is supported by Detroit & M R Co v Van Steinburg, 17 Mich 99 (1868), and Mack v Precast Industries, Inc, 369 Mich 439; 120 NW2d 225 (1963).

History

M Civ JI 10.04 was SJI 10.03.