WI · jury_instructions
Wis JI-Civil 353
Presumptions: Deceased Person was Not Negligent
Because (decedent) has died and cannot testify, you must presume that (decedent) was
not negligent at and before the time of the occurrence, unless you find the presumption is
overcome by other evidence.
In deciding whether (decedent) was negligent, you must weigh the presumption with
all the other evidence. Unless you are satisfied by the greater weight of the credible evidence,
to a reasonable certainty, that it is more likely that (decedent) was negligent, you must find
that (decedent) was not negligent.
History
Wis JI-Civil 353 (2003). ©2003, 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
679b3620ee3714a60d12e6c85e8665d0b01e37f62381e8d7c454b68ad20cb0dd
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