AK · jury_instructions
Alaska Civil Pattern Jury Instruction 3.04A
Violation of Statute - Negligence Per Se
A [state law] [municipal ordinance] provides:
[Quote applicable statute, regulation, or ordinance.]
If you find that the defendant violated this law, then you must find that [he][she] was negligent, unless you find that the violation is excused.
The violation is excused if:
1. the defendant lacked the capacity to comply with the law;
2. the defendant did not know and should not have known that [he] [she] needed to follow the law;
3. the defendant was unable after reasonable care to comply with the law;
4. the defendant faced an emergency not caused by [his] [her] own misconduct;
5. compliance with the law would have created a greater risk of harm to the plaintiff or to others than noncompliance; or
6. the meaning of the law was obscure or unreasonable and the defendant acted with reasonable care in attempting to obey it.
Option 1: If you find that the defendant complied with this law [or that any violation was excused], you must find the defendant was not negligent.
Option 2: If you find that the defendant complied with this law [or that any violation was excused], you may still find that [he][she] was negligent if you decide that a reasonable person would have taken precautions in addition to those required by this law.
History
Alaska Civil Pattern Jury Instructions 3.04A, 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
f662902e2ed60b80f86c70f1c88df07b8875997acf2822ddde20c6fb995c6530
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