DE · jury_instructions
Del. P.J.I. Civ. § 10.6
Actions Taken in Emergency Situations (General, Motor Vehicles, Rescue)
ACTIONS TAKEN IN EMERGENCY – General
When a person is involved in an emergency situation not of [his/her] own
making and not created by [his/her] own negligence, that person is entitled to act as
a reasonably prudent person would under similar circumstances.
Therefore, if you find that [person’s name] was confronted by an emergency
situation when [describe emergency], you should review [his/her] conduct in light
of what a reasonably prudent person would have done under those circumstances.
ACTIONS TAKEN IN EMERGENCY – Motor Vehicles
When a person is involved in an emergency situation not of [his/her] own
making and not created by [his/her] own negligence, that person is entitled to act as
a reasonably prudent person would under similar circumstances.
Therefore, if you find that [defendant’s name] was operating [his/her/its]
vehicle in a reasonably prudent manner when faced with a sudden emergency
situation, then I instruct you that [defendant’s name] was not required to act as a
reasonable person who had sufficient time and opportunity to consider what the best
course of action would be, but instead that [he/she/they] [was/were] required only
to react as a reasonable person would under the circumstances of this emergency.
RESCUE DOCTRINE IN AN EMERGENCY
Someone injured while reasonably undertaking a necessary rescue of another
person may recover from the person whose negligence created the emergency
situation.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
645c961806ff5ee5a2f56650b866bfedaaea8b2bbd6931a6a90ea167a7d26a5b
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