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WPI 60.04 Standard of Conduct for Child—Violation of Statute, Ordinance, or Administrative Rule

6 WAPRAC WPI 60.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 60.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Statutory Violations
Chapter 60. Statutory Violations
WPI 60.04 Standard of Conduct for Child—Violation of Statute, Ordinance, or Administrative Rule
The violation of a [statute] [ordinance] [administrative rule] by a child may be considered as evidence of negligence only if you find that a reasonable child of the same age, intelligence, maturity, training, and experience as the child in question would not have acted in violation of the [statute] [ordinance] [administrative rule] under the same or similar circumstances.
NOTE ON USE
Use this instruction with WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) when the violation of a statute, ordinance, or administrative rule by a child is introduced as evidence of the child's negligence or contributory negligence.
Use WPI 10.05 (Ordinary Care—Child—Definition) with this instruction.
Use bracketed material as applicable.
COMMENT
If a violation of a statute or ordinance is used as evidence of a child's negligence, the jury must first be instructed as to the standard of care that applies to children, and then be instructed that the violation may be considered as evidence of negligence only if the jury finds that a reasonable child of the same age, intelligence, maturity, training, and experience would not have violated the statute, ordinance, or regulation under the same circumstances. Bauman v. Crawford, 104 Wn.2d 241, 244, 247–48, 704 P.2d 1181 (1985).
[Current as of February 2021.]
End of Document