UJI 13-1601. Negligence (of all persons); definition.

The term “negligence” may relate either to an act or a failure to act. An act, to be “negligence”, must be one which a reasonably prudent person would foresee as involving an unreasonable risk of injury to themselves or to another and which such a person, in the exercise of ordinary care, would not do. A failure to act, to be “negligence”, must be a failure to do an act which one is under a duty to do and which a reasonably prudent person, in the exercise of ordinary care, would do in order to prevent injury to themselves or to another.