WI · jury_instructions
Wis JI-Civil 3254
Duty of Buyer or Consumer: Contributory Negligence
The buyer (consumer) has a duty to use ordinary care for his or her own safety and
protection and to observe all defects and dangerous conditions, if any, which are open and
obvious to him or her if he or she is using reasonable care and caution for his or her own
safety and protection. The danger, however, must not only be obvious, but also must be
understood by the buyer (consumer). The failure to use a product in accordance with its
instructions, if you find they were adequate, or the use of the product in an abnormal manner
is negligence.
A person is not required to see every defect or dangerous condition or even to
remember the existence of every defect or dangerous condition of which he or she had
knowledge. He or she is only required to act as a reasonably prudent person under the same
or similar circumstances would act.
A person is not required to anticipate negligent acts or omissions on the part of others
and is not negligent in failing to look out for danger when there is no reason to suspect
danger.
History
Wis JI-Civil 3254 (2015). ©2015, 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
877d9f141a31f70ffaa8dd914437fe09c03b809db49d55774bfe408a2b768b46
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