WI · jury_instructions
Wis JI-Civil 1026
Bailment: Negligence of Bailee May Be Inferred
[Give first paragraph of Wis JI-Civil 1005, Negligence: Defined.]
It is the duty of a person having the possession of the property of another to exercise
ordinary care to protect the property from damage.
The burden of proof is upon the owner of the property, in this case (plaintiff), to
show that the property of (plaintiff) which (defendant) had in (his) (her) possession was
damaged as a result of the negligence of (defendant). This means that (plaintiff) must prove
that (plaintiff)’s property was received by (defendant) in an undamaged condition and that,
during the period of time that (defendant) had the property in (his) (her) care, (defendant)
had exclusive possession of the property, and also that the damage to the property would
not ordinarily occur without someone's negligence. Proof of these facts is sufficient for you
to infer that (defendant) was negligent as to the care of (plaintiff)'s property. In other words,
when such a showing is made, the law permits, but does not require, you to infer that
(defendant)’s negligence was a cause of plaintiff's damage. You will not make this
inference, of course, if (defendant) has offered an explanation, satisfactory to you, of how
the damage occurred without (his) (her) fault.
[Burden of Proof, Wis JI-Civil 200]
History
Wis JI-Civil 1026 (2005). ©2005, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a91d499f78d81cba5c757cb783d184ffe473aab973e74731d3d9dce6ffb42636
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