WI · jury_instructions
Wis JI-Civil 1902
Safe-Place Statute: Negligence of Plaintiff Frequenter
(Plaintiff) had a duty to use ordinary care for (his) (her) own safety and protection and
to observe the immediate surroundings and all other conditions surrounding (him) (her), and
the dangers, if any, which were open and obvious to (him) (her), and to use for (his) (her)
safety all such care and caution as the ordinarily prudent person ordinarily uses under like
circumstances.
[However, (plaintiff) is not bound absolutely by law to see every hazard or danger, if
any exists, in (his) (her) pathway, even should they be plainly observable, nor to remember
the existence of every condition of which (he) (her) had knowledge. (Plaintiff) is only
required to act as a reasonably prudent person under the same circumstances would act.]
[Ordinary care demands that such vigilance be increased where special circumstances
exist. The degree of diligence with respect to keeping a proper lookout on the part of a
(customer of a store) – such as (plaintiff) was – in order to measure up to the standard of
ordinary care which the law requires varies with the time and place and the conditions which
might normally be brought about by weather or traffic into a (mercantile
establishment), and the opportunity to observe things ahead of and about (him) (her), and all
other circumstances then and there present.]
History
Wis JI-Civil 1902 (2004). ©2004, 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
42a7bb9ebc5958210eccd2f55ffdaf27ffd869532ad445e79d6eb55d5abf0d93
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