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DE · jury_instructions

Del. P.J.I. Civ. § 5.1

Negligence Defined

activein force · 2025-10-22 – presentcompiled-edition

NEGLIGENCE DEFINED

This case involves claims of negligence. Negligence is the lack of ordinary

care; that is, the absence of the kind of care a reasonably prudent and careful person

would exercise in similar circumstances. That standard is your guide. If a person’s

conduct in a given circumstance does not measure up to the conduct of an ordinarily

prudent and careful person, then that person was negligent. On the other hand, if the

person’s conduct does measure up to the conduct of a reasonably prudent and careful

person, the person was not negligent.

:

The mere fact that an accident occurred is not enough to establish negligence.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
civ-2025-10-22
Content hash
0b86631d7c6904881fb44bb212fec55966f46d73a39712e8dd159cb7f4c33e04
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