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- 5.60A Charges Document PDFnjcourts.govCHARGE 5.60A ― Page 1 of 4 5.60A STATUTORY OWNER – DOG BITE LIABILITY (N.J.S.A. 4:19-16)1 (Approved 12/2009; Revised 10/2022) Plaintiff, ___________________, alleges being injured as a result of a bite from a dog owned by the defendant, …
- 5.60B Charges Document PDFnjcourts.govCHARGE 5.60B ― Page 1 of 3 5.60B ANIMAL WITH VICIOUS OR DANGEROUS TRAIT OR PROPENSITY1 (OTHER THAN AN OWNER DOG BITE CASE2) (Approved 9/80) If you find that the plaintiff, __________________, was injured by the (animal) owned or kept by the defendant, …
- 5.70 Charges Document PDFnjcourts.govCHARGE 5.70 ― Page 1 of 1 5.70 PARENTAL SUPERVISION – UN-EMANCIPATED CHILD FOR PERSONAL INJURIES (Approved 2/92) A parent is liable for injuries to his or her un-emancipated child only if the parental supervision or lack of it is willful or wanton.1 The …
- 5.71 Charges Document PDFnjcourts.govCHARGE 5.71 ―Page 1 of 12 5.71 TAVERN KEEPERS SERVING MINORS AND INTOXICATED PERSONS (3/10) NOTE TO JUDGE These instructions are designed for cases arising under the Licensed Server Liability Act, N.J.S.A. 2A:22A-1 et seq. (“Act”). The instructions in …
- 5.72 Charges Document PDFnjcourts.govCHARGE 5.72 ― Page 1 of 3 5.72 NEGLIGENCE — PROPRIETOR’S DUTY OF CARE TO PATRONS AGAINST CRIMINAL ACTIVITY OF THIRD PERSONS (Approved 11/99) The owner/operator of [insert type of business entity involved, i.e. store, restaurant, office etc.] owes a duty …
- 5.73 Charges Document PDFnjcourts.govCHARGE 5.73 ― Page 1 of 16 5.73 CARRIERS FOR HIRE (Approved 6/88) A. General Duty of Common Carriers to Passengers In this case (you may find from the evidence that) the defendant is what is known in the law as a common carrier. A common carrier …
- 5.74 Charges Document PDFnjcourts.govCHARGE 5.74 ― Page 1 of 2 5.74 DUTY OF TEACHERS AND SCHOOL PERSONNEL TO STUDENT (Approved 9/80) School personnel owe a duty to exercise reasonable care for the safety of students entrusted to them. This duty extends to supervisory care required for the …
- 5.75 Charges Document PDFnjcourts.govCHARGE 5.75 ― Page 1 of 3 5.75 NUISANCE (Approved 12/87) A. In General The plaintiff (_____________) alleges that the defendant (____________) created (and/or maintained) a nuisance on defendant’s property which resulted in damage suffered by plaintiff …
- 5.76 Charges Document PDFnjcourts.govCHARGE 5.76 — Page 1 of 7 5.76 NEGLIGENT HIRING1 (Approved 04/2007; Revised 11/2022) A. Introduction The plaintiff, [insert plaintiff’s name], alleges that the defendant, [insert employer’s name], was negligent in the manner in which defendant [insert …
- 6.10 Charges Document PDFnjcourts.govCHARGE 6.10 — Page 1 of 2 6.10 PROXIMATE CAUSE — GENERAL CHARGE (Approved 05/1998; Revised 11/2019) NOTE TO JUDGE The Committee has extensively reviewed the propriety of the prior charges on proximate cause (most of which were prepared before 1984) in …
- 6.11 Charges Document PDFnjcourts.govCHARGE 6.11 — Page 1 of 3 6.11 PROXIMATE CAUSE — ROUTINE TORT CASE WHERE NO ISSUES OF CONCURRENT OR INTERVENING CAUSES, OR FORESEEABILITY OF INJURY OR HARM (Approved 08/99; Revised 04/16) NOTE TO JUDGE This charge is designed to address proximate cause in …
- 6.12 Charges Document PDFnjcourts.govCHARGE 6.12 — Page 1 of 2 6.12 PROXIMATE CAUSE — WHERE THERE IS CLAIM THAT CONCURRENT CAUSES OF HARM WERE PRESENT (Approved 5/98; Revised 11/2023) NOTE TO JUDGE This charge is designed to address the more complex case where a defendant’s (or a party’s) …
- 6.13 Charges Document PDFnjcourts.govCHARGE 6.13 — Page 1 of 3 6.13 PROXIMATE CAUSE — WHERE THERE IS CLAIM THAT CONCURRENT CAUSES OF HARM ARE PRESENT AND CLAIM THAT SPECIFIC HARM WAS NOT FORESEEABLE (Approved 05/1998; Revised 09/2021) NOTE TO JUDGE This instruction is based on the Supreme …
- 6.14 Charges Document PDFnjcourts.govCHARGE 6.14 — PAGE 1 OF 3 6.14 PROXIMATE CAUSE — WHERE THERE IS CLAIM OF INTERVENING OR SUPERSEDING CAUSE FOR JURY’S CONSIDERATION (Approved 08/1999; Revised 09/2021) NOTE TO JUDGE This charge should be given in conjunction with Model Civil Charge 6.12 or …
- 5.30A Charges Document PDFnjcourts.govCHARGE 5.30A ― Page 1 of 2 5.30A GENERAL DUTY OWING (Approved 8/99) NOTE TO JUDGE While the judge may prefer to adopt his/her own version of this phase of the charge, the following has been found to be satisfactory by many judges. The plaintiff asserts …
- 5.30B Charges Document PDFnjcourts.govCHARGE 5.30B ― Page 1 of 2 5.30B U-TURN (Approved 8/99) NOTE TO JUDGE In Ewing v. Burke, 316 N.J. Super. 287 (App. Div. 1998), the Appellate Division held that a trial court committed plain error in failing to sua sponte incorporate a reference to the …
- 5.30C Charges Document PDFnjcourts.govCHARGE 5.30C ― Page 1 of 2 5.30C LEFT-HAND TURN (Approved 3/91) The law imposes upon the driver of a motor vehicle the duty to exercise the care that a reasonably prudent person would use under all the circumstances confronting him/her at the particular …
- 5.30D Charges Document PDFnjcourts.govCHARGE 5.30D ― Page 1 of 5 5.30D VIOLATION OF TRAFFIC ACT (Approved 8/99) NOTE TO JUDGE In Ewing v. Burke, 316 N.J. Super. 287 (App. Div. 1998), the Appellate Division held that the trial court committed plain error in failing to modify the model charges …
- 5.30E Charges Document PDFnjcourts.govCHARGE 5.30E ― Page 1 of 3 5.30E EFFECT OF BLACK OUT (Approved before 1984) The fact that the automobile operated by defendant left the highway (or crossed the center line of a two way road, etc.) is evidence from which you may infer that the accident was …
- 5.30F Charges Document PDFnjcourts.govCHARGE 5.30F ― Page 1 of 6 5.30F LIABILITY FOR INJURY DUE TO MECHANICAL DEFECT OR FAILURE (Approved before 1984) 1. Liability of Owner in General The law imposes upon the owner of a motor vehicle the duty of exercising reasonable care to have such vehicle …