M Civ JI 12.05 Violation by Defendant of Rules or Regulations Promulgated Pursuant to Statutory Authority

The [ name of state agency ] in Michigan has adopted certain regulations pursuant to authority given to it by a state statute. [ Rule / Rules ] ________ of [ name of state agency ] [ provides / provide ] that [ here quote or paraphrase applicable parts of regulation(s) as construed by the courts ].

If you find that defendant violated [ this regulation / one or more of these regulations ] before or at the time of the occurrence, such [ violation / violations ] [ is / are ] evidence of negligence which you should consider, together with all the other evidence, in deciding whether defendant was negligent. If you find that defendant was negligent, you must then decide whether such negligence was a proximate cause of the [ injury / damage ] to plaintiff.

Note on Use

See Note on Use to M Civ JI 12.03.

Comment

Violations of regulations promulgated pursuant to statutory authority are only evidence of negligence in Michigan. Douglas v Edgewater Park Co, 369 Mich 320; 119 NW2d 567 (1963); Juidici v Forsyth Twp, 373 Mich 81; 127 NW2d 853 (1964).

History

M Civ JI 12.05 was SJI 12.07.