New Mexico Forms Library

Decision Information

Form 13-1404. Ordinary care.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 588 documents

Decision Content

13-1404. Ordinary care.

            Ordinary care is that care which a reasonably prudent supplier would use in the conduct of [his] [her] [its] business.  What constitutes ordinary care varies with the likelihood of an injury occurring and the seriousness of the harm which could reasonably be expected.  As the danger that should be foreseen increases, so the amount of care required also increases.

            The question in this case is whether, considering all of the circumstances, the risk of injury was foreseeable to, and would have been avoided by, a reasonably prudent supplier.

 

USE NOTES

            This instruction must be given in every products liability case in which the court submits negligence as a theory of liability and is to immediately follow UJI 13-1402 and 13-1403 NMRA.

[As amended, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.