PJC General Negligence 2022

PJC 2.2

B ASIC D EFINITIONS IN N EGLIGENCE A CTIONS

PJC 2.2 High Degree of Care “Negligence,” when used with respect to the conduct of ABC Company , means failure to use a high degree of care, that is, failing to do that which a very cautious, competent, and prudent person would have done under the same or similar circumstances or doing that which a very cautious, competent, and prudent person would not have done under the same or similar circumstances. “High degree of care” means that degree of care that would have been used by a very cautious, competent, and prudent person under the same or similar circumstances. COMMENT When to use. A high degree of care is called for in cases involving the duty of a common carrier to its passengers. VIA Metropolitan Transit v. Meck , 620 S.W.3d 356, 360 (Tex. 2020) (“For at least 220 years (and 165 years in Texas), the common law has required common carriers to exercise a ‘high degree of care’ toward their passengers.”), see Dallas Railway & Terminal v. Travis , 78 S.W.2d 941, 942 (Tex. 1935) (streetcar); Gal veston, H. & S.A. Ry. Co. v. Thornsberry , 17 S.W. 521, 523 (Tex. 1891) (passenger train); Delta Airlines v. Gibson , 550 S.W.2d 310, 312 (Tex. App.—El Paso 1977, writ ref’d n.r.e.) (airline, regarding use of escalator and boarding and unloading); Skyline Cab Co. v. Bradley , 325 S.W.2d 176, 181 (Tex. App.—Houston 1959, writ ref’d n.r.e.) (taxi); see also Robert R. Walker, Inc. v. Burgdorf , 244 S.W.2d 506, 509 (Tex. 1951) (handlers of dangerous commodities have duty to protect public that is commensurate with dangers involved). When to use in addition to or in lieu of PJC 2.1. PJC 2.2 should be used in addition to PJC 2.1 in cases in which both “ordinary care” and “high degree of care” are to be considered by the jury. See PJC 2.1 Comment. If only “high degree of care” is to be considered, PJC 2.2 should be used in lieu of PJC 2.1. Modify if only “high degree” submitted. In cases involving only a “high degree of care,” the phrase “when used with respect to the conduct of ABC Company ” should be omitted. Also in such cases, the phrase a high degree of care should replace the phrase ordinary care in the definition of “proximate cause” in PJC 2.4 or 3.1.

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