• 2002 - Duty of Passenger
  • C-3.80
    • Motor Vehicles
    • Passengers
    • Speed
    • Tort Liability
  • One who rides in an automobile as a passenger must exercise ordinary care to avoid self- injury. If, knowing that the automobile is being driven [at an excessive rate of speed], you find that the passenger acquiesces, and though having an opportunity to do so, fails to protest to or warn the driver, that passenger is at fault. In determining whether the passenger was at fault in failing to protest, you should consider whether the passenger reasonably believed that a protest would not have been heeded.
    • 12.1-05-08
    • Borstad v. La Roque, 98 NW2d 16 (ND 1959)
    • Eddy v. Wells, 231 NW 785 (ND 1930)
    • Hurt v. Freeland, 1999 ND 12, 598 NW2d 551
    • Jasper v. Freitag, 145 NW2d 879 (ND 1966)
    • Saterland v. Fieber, 91 NW2d 623 (ND 1958)
    • State v. Hass, 268 NW2d 456 (ND 1978)
    • State v. Skjonsby, 319 NW2d 764 (ND 1982)
    • Wilson v. Oscar H. Kjorlie Co., 12 NW2d 526 (ND 19
  • Notes: This instruction should be given only if comparative fault is asserted.