AK · jury_instructions
Alaska Civil Pattern Jury Instruction 3.03C
Negligence Defined - Capacity of Child Under Seven
[Plaintiff] [Defendant] was ___ years old at the time of the incident. The law assumes that a child less than seven years of age is incapable of negligence. But if you decide that the child was capable of understanding the danger and exercising some degree of care, this rule does not apply. In making this decision, you should consider the child’s age, judgment, knowledge, experience, and psychological development.
If you find that the child was not capable of negligence, then you must find that the child was not at fault and you must [return a verdict for the defendant] [not allocate any percentage of the total fault to the child]. If you find that the child was capable of negligence, you must then decide whether the child was in fact negligent.
History
Alaska Civil Pattern Jury Instructions 3.03C, dated (2008). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f4d47025d774fb0e24f723200c5fcbcef1a07307349de884f490e7ab20d35ce1
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