• 2002 - Momentary Forgetfulness of Danger
  • C-2.76
    • Dangerous Conditions
    • Fault
    • Momentary Forgetfulness
    • Tort Liability
  • If you find that the Plaintiff voluntarily proceeded into a dangerous situation of which the Plaintiff had previous knowledge, but had momentarily forgotten the danger, such forgetfulness does not in itself constitute fault unless under all the circumstances it shows a want of ordinary care not to have kept the danger in mind.
    • Keller v. Vermeer Mfg. Co., 360 NW2d 502 (ND 1984
  • Notes: