420. Negligence per se Rebuttal of the Presumption of Negligence (Violation Excused)

420. Negligence per se: Rebuttal of the Presumption of Negligence (Violation Excused) Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 A violation of a law is excused if one of the following is true: (a) The violation was reasonable because of [name of plaintiff/defendant]?s [specify type of ?incapacity?]; [or] (b) Despite using reasonable care, [name of plaintiff/defendant] was not able to obey the law; [or] (c) [Name of plaintiff/defendant] faced an emergency that was not caused by [his/her] own misconduct; [or] (d) Obeying the law would have involved a greater risk of harm to [name of plaintiff/defendant] or to others; [or] (d) [Other reason excusing or justifying noncompliance.] New September 2003