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5.30G
Charges Document PDF
njcourts.gov
CHARGE 5.30G — Page 1 of 5 5.30G DUTY OF AUTOMOBILE DRIVER TO MAKE OBSERVATIONS (Approved before 1983; Revised 03/2021) 1. For Traffic Conditions The law imposes upon the driver of an automobile the duty of exercising such care as is reasonable under all …
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5.30H
Charges Document PDF
njcourts.gov
CHARGE 5.30H ― Page 1 of 2 5.30H Duty of Care: Driver of Motor Vehicle Proceeding Through an Intersection Controlled by a Stop Sign/Flashing Red Traffic Control Device (Approved before 2007; Revised 03/2021) NOTE TO JUDGE Pursuant to N.J.S.A. 39:1-1, a …
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5.30I
Charges Document PDF
njcourts.gov
CHARGE 5.30I ― Page 1 of 1 5.30I Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection With A Flashing Amber Traffic Control Device (Revised 6/07) Our motor vehicle laws set forth a standard of conduct to be exercised by the driver of a …
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5.30J
Charges Document PDF
njcourts.gov
CHARGE 5.30J ― Page 1 of 3 5.30J DUTY OF CARE PROCEEDING THROUGH INTERSECTION WITH GREEN LIGHT [The Favored Driver] (Approved 1977) Our motor vehicle laws set forth a standard of conduct to be exercised by the driver of a motor vehicle while approaching …
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5.30K
Charges Document PDF
njcourts.gov
CHARGE 5.30K ― Page 1 of 1 5.30K NONUSE OF SEATBELT ON ISSUE OF NEGLIGENCE1 (Approved 6/89) Some of the evidence presented in this case bears upon defendant’s contention that plaintiff was not wearing a seatbelt at the time of the accident. This …
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5.30L
Charges Document PDF
njcourts.gov
CHARGE 5.30L ― Page 1 of 2 5.30L EFFECT OF INTOXICATION ON DUTY OWING (By Automobile Driver) (Approved before 1983) The driver of a vehicle is required to exercise the care which a reasonably prudent and sober person could exercise under the same or …
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5.31A
Charges Document PDF
njcourts.gov
CHARGE 5.31A ― Page 1 of 1 5.31A DUTY OF CARE AT INTERSECTION APPROACHED BY EMERGENCY VEHICLE (To Be Used If Emergency Vehicle Is Involved) (Approved 1977) While proceeding through an intersection, the driver favored with the right to proceed may not …
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5.31B
Charges Document PDF
njcourts.gov
CHARGE 5.31B ― Page 1 of 2 5.31B DUTY OF CARE BY EMERGENCY VEHICLE (Approved 1977) On the other hand, drivers of emergency vehicles must also exercise reasonable care under the circumstances in the operation of an emergency vehicle. The degree of care …
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5.32A
Charges Document PDF
njcourts.gov
CHARGE 5.32A ― Page 1 of 2 5.32A DUTY OF PEDESTRIANS AND BICYCLISTS TO MAKE OBSERVATIONS (Approved 2/92) Both motorists and pedestrians (or bicyclists1) have mutual and reciprocal rights to the use of streets and highways and each has the right to expect …
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5.32B
Charges Document PDF
njcourts.gov
CHARGE 5.32B ― Page 1 of 3 5.32B DUTY OF A PEDESTRIAN WHEN CROSSING AT A POINT OTHER THAN A CROSSWALK (Approved before 1983; Revised 4/02) A pedestrian crossing at a point other than a crosswalk is charged with the duty to exercise for his/her own safety …
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5.32C
Charges Document PDF
njcourts.gov
CHARGE 5.32C ― Page 1 of 2 5.32C DUTY OF DRIVERS AND PEDESTRIANS CROSSING AT MARKED OR UNMARKED CROSSWALK (Approved 06/2010; Revised 03/2021) NOTE TO JUDGE This charge is limited to cases involving pedestrians as defined by N.J.S.A. 39:1-1. Under this …
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5.33
Charges Document PDF
njcourts.gov
CHARGE 5.33 — Page 1 of 4 5.33 LIMITATION ON LAWSUIT OPTION 1,2 (Approved 11/2000; Revised 04/2018) A. Introduction In order to recover damages in this case, plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit …
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5.34
Charges Document PDF
njcourts.gov
CHARGE 5.34 — Page 1 of 2 5.34 PROPERTY DAMAGE IN MOTOR VEHICLE ACCIDENTS (Approved 10/2009; Revised 01/2019) A. Photographic Evidence A number of photographs of one or more of the vehicles involved in the accident have been introduced into evidence. …
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5.40A
Charges Document PDF
njcourts.gov
CHARGE 5.40A ― Page 1 of 3 5.40A PRODUCTS LIABILITY — Introduction: Caveats to Judges (3/10) NOTE TO JUDGE Caveats I. Since the passage of the Products Liability Act, N.J.S.A. 2A:58C-1 through 7, effective July 22, l987, there is one cause of action for …
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5.40B
Charges Document PDF
njcourts.gov
CHARGE 5.40B — Page 1 of 8 5.40B MANUFACTURING DEFECT (Approved 10/1998; Revised 8/2011) Let me give you some applicable concepts which deal with the claim of manufacturing defect, and then I will explain what the plaintiff must prove in order to win in a …
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5.40C
Charges Document PDF
njcourts.gov
CHARGE 5.40C ― Page 1 of 12 5.40C FAILURE TO WARN/INSTRUCT1 (Approved 3/00; Revised 11/2023) Let me now discuss the law governing the plaintiff’s claim of failure to warn. If a product fails to contain an adequate warning or instructions, it is defective. …
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5.40D-1
Charges Document PDF
njcourts.gov
CHARGE 5.40D-1 ― Page 1 of 5 5.40D-1 DESIGN DEFECT — GENERALLY (Approved 4/99; Revised 5/10) NOTE TO JUDGE A design defect may be established by different methods. One method is the Consumer Expectations Test. Another method is applying the Reasonable …
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5.40D-2
Charges Document PDF
njcourts.gov
CHARGE 5.40D-2 ― Page 1 of 1 5.40D-2 DESIGN DEFECT — INTRODUCTORY STATEMENT TO JURY (All Cases) (3/10) The defendant [name] as the manufacturer/seller of a [product] has the duty1 to make/sell a [product] that is reasonably safe. In this charge when I …
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5.40D-3
Charges Document PDF
njcourts.gov
CHARGE 5.40D-3 ― Page 1 of 20 5.40D-3 DESIGN DEFECT — LEGAL TESTS OF PRODUCT DEFECT (Approved 4/99) NOTE TO JUDGE Charge either (1) Consumer Expectations (in rare cases only), (2)(a) Reasonable Safer Design or (b) Risk-Utility Product Defect Analysis. If …
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5.40D-4
Charges Document PDF
njcourts.gov
CHARGE 5.40D-4 ― Page 1 of 12 5.40D-4 DESIGN DEFECT — DEFENSES (Approved 4/99; Revised 10/01) [When there is a jury question dealing with a statutory defense and/or affirmative defense the following law and questions are applicable.] 1. Statutory Defenses …