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3.6-6 Standard of
Care of Others in Relation to Children
Revised to January 1, 2008
A person is required to use greater
care where the presence of children may be reasonably expected. The question is
whether a reasonably prudent person in the defendant's position, knowing what
the defendant knew or should have known, would anticipate that harm of the same
general nature as that which occurred here was likely to result. In answering
this question, you may take into account the tendency of children to disregard
dangerous conditions.
Authority
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