N.C.P.I.—Civil 102.14

Ordinarily a person has no duty to anticipate negligence on the part

of others.1 In the absence of anything which gives or should give notice

to the contrary, he has the right to assume and to act on the assumption

that others will use ordinary care and follow standards of conduct enacted

as laws for the safety of the public.

However, the right to rely on this assumption is not absolute, and

if the circumstances existing at the time are such as reasonably to put a

person on notice that he cannot rely on the assumption, he is under a

duty to use that degree of care which a reasonable and prudent person

would use under the same or similar circumstances to protect himself and

others from [injury] [damage].2