It’s time we replaced “prudent” with “careful” in our negligence charge. Our current negligence charge reads:
Negligence is the lack of ordinary care. It is a failureTo use that degree of care that a reasonably prudent Person would have used under the same circumstances.
Negligence may arise from doing an act that a reasonably prudent person would not have done under the same circumstances, or, on the other hand, from failing to do an act that a reasonably prudent person would have done under the same circumstances.
New York PJI: 2:10
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