VA · jury_instructions
Va. Model Jury Instr. Civ. No. 7.040
Last Clear Chance: Inattentive Plaintiff
Contributory negligence by the plaintiff will not bar his recovery if you find by the greater
weight of the evidence that:
(1) the plaintiff negligently placed himself in a situation of peril; and
(2) he was physically able to remove himself from the situation, but he was unaware of his peril;
and
(3) the defendant actually saw the plaintiff and realized, or should have realized, his peril; and
(4) therefore, the defendant could have avoided the accident by using ordinary care.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
22baa1f2b5a7e728c8a435e2d2e9406749799579cc1f39d38b75337333476923
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