NC · jury_instructions
N.C.P.I.—Civil 102.16
NEGLIGENCE ISSUE - SUDDEN EMERGENCY EXCEPTION TO NEGLIGENCE PER SE.
If, in a moment of such sudden emergency, an operator uses that
degree of care which a reasonable and prudent person would use under
the same or similar circumstances, the operator would not be negligent
even if violating a standard of conduct established by a safety statute. 2
In other words, an operator’s conduct which might otherwise be
negligent, in and of itself, would not be negligent if it results from a
sudden emergency3 that is not of that person's own making.
History
N.C.P.I.—Civil 102.16 (Replacement February 2022). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7a79c0d7dd0861255bde513ce01cd1baccca1b30533c231d869eecb5b7cd23ef
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