WI · jury_instructions
Wis JI-Civil 1105A
Management and Control-Emergency
When you consider negligence as to management and control, bear in mind that a
driver may suddenly be confronted by an emergency, not brought about or contributed to
by (his) (her) negligence. If that happens and the driver is compelled to act instantly to
avoid collision, the driver is not negligent if (he) (she) makes a choice of action or inaction
that an ordinarily prudent person might make if placed in the same position. This is so even
if it later appears that (his) (her) choice was not the best or safest course.
This rule does not apply to a person whose negligence wholly or in part created the
emergency. A person is not entitled to the benefit of this emergency rule unless (he) (she)
is without fault in creating the emergency.
You should consider this emergency rule only when you determine whether (name)
was negligent as to management and control.
History
Wis JI-Civil 1105A (2016). ©2016, 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
ef56b69907a17afc3143243da05bfbaa9a81d21e40894324bd1fed846aded667
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