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WI · jury_instructions

Wis JI-Civil 1075

Lookout: Guest

activein force · 1996-01-01 – presentas-observed

A guest (passenger) in an automobile has a duty to exercise ordinary care for his or her

own safety. This duty requires a guest to exercise ordinary care in maintaining a proper

lookout to warn the driver of any danger of which the guest has reason to believe the driver

may not be aware.

A guest (passenger), however, is not bound to maintain the same degree of diligence

in keeping a lookout as is required of the driver of the car, because a passenger does not have

the responsibility of operating and controlling the automobile. However, the fact that the

passenger is not in charge of operating the automobile does not relieve the passenger from all

duty to use care for his or her own safety. The passenger's duty with respect to lookout is to

exercise that care and caution which a person of ordinary intelligence, care, and prudence

would use while riding in the same passenger seat of the automobile as the plaintiff and

under the same or similar circumstances as exist in this case.

History

Wis JI-Civil 1075 (1996). ©1996, 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
ed748eed17be24887a35967475dadc2e927c3859182bddda2988c772cc210815
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