M Civ JI 10.05 Duty to Use Ordinary Care - Adult - Defendant

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

Note on Use

If the defendant or other person whose conduct was involved in the occurrence 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 defendant 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); Knarian v South Haven Sand Co, 361 Mich 631, 643; 106 NW2d 151, 157 (1960); and Ryder v Murphy, 371 Mich 474, 478; 124 NW2d 238, 240 (1963).

History

M Civ JI 10.05 was SJI 10.04.