MUJI 2d CV212

Violation of a safety law is evidence of negligence unless the violation is excused. [name of plaintiff] claims that [name of defendant] violated a safety law that says:

[Summarize or quote the statute, ordinance or rule.]

If you decide that [name of defendant] violated this safety law, you must decide whether the violation is excused.

[Name of defendant] claims the violation is excused because:

[(1) Obeying the law would have created an even greater risk of harm.]

[(2) [He] could not obey the law because [he] faced an emergency that [he] did not create.]

[(3) [He] was unable to obey the law despite a reasonable effort to do so.]

[(4) [He] was incapable of obeying the law.]

[(5) [He] was incapable of understanding what the law required.]

If you decide that [name of defendant] violated the safety law and that the violation was not excused, you may consider the violation as evidence of negligence. If you decide that [name of defendant] did not violate the safety law or that the violation should be excused, you must disregard the violation and decide whether [name of defendant] acted with reasonable care under the circumstances.