NC · jury_instructions
N.C.P.I.—Civil 815.92
PARENTS' STRICT LIABILITY FOR PERSONAL INJURY OR DESTRUCTION OF PROPERTY BY MINOR-DEFENSE OF REMOVAL OF LEGAL CUSTODY AND CONTROL.
The (state number) issue reads:
"Had (name defendant(s)') custody and control of (name minor)
been removed by [court order] [contract] as of the time of (name
plaintiff's) [injury] [damage]?"
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff.
On this issue the burden of proof is on the defendant(s). This
means that the defendant(s) must prove, by the greater weight of the
evidence, that as of the time the [plaintiff was injured] [plaintiff's
property was damaged], the defendant(s)' custody and control over
(name minor) had been removed by [court order] [contract].
Finally, as to this (state number) issue on which the defendant(s)
[has] [have] the burden of proof, if you find by the greater weight of the
evidence that (name defendant(s)') custody and control of (name minor)
had been removed by [court order] [contract] as of the time of (name
plaintiff's) [injury] [damage], then it would be your duty to answer this
issue "Yes" in favor of the defendant(s).
If, on the other hand, you fail to so find, it would be your duty to
answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Civil 815.92 (March 1999). N.C. Gen. Stat. § 1-538.1. 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
8806f8de44c7f5700695c003f6c30cc423d4378373f6bba51da5ad6d4703b3e5
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