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“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

from the harm that occurred.2 “Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

The second 8 is when “the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.”

Negligence is an objective standard and “is generally defined as the failure to exercise such care as persons 10 of ordinary prudence usually exercise under such circumstances.” 5 see also Black’s Law Dictionary (12th ed. 2024) 1241 (defining “negligence” as “[t]he failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation”).

A. Negligence “Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” Domagala v. Rolland , (quotation omitted).

See Greuling, d at 760 (stating that for a negligent misrepresentation claim, justifiable reliance is typically a fact question for a jury, and only “becomes a question of law if there is no evidence supporting a contrary conclusion”); (stating that in negligence actions “[w]hether a defendant’s chosen course of action satisfies the duty of reasonable care is a question for the jury”).

“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

I. The elements of a negligence claim are “(1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”

“Foreseeability of injury is a threshold issue related to duty that is ordinarily properly decided by the court prior to submitting the case to the jury.” (quotation omitted).

See Montemayor v. Sebright Prods., Inc.

I We first address the threshold question of whether Hidde owed JD a duty under the common law, as a negligence claim requires “the existence of a duty of care.”

“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

-29 (Minn. 2011) (stating that whether a defendant ’s action satisfies a duty of care is a jury question).

“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

Whether a defendant owes a duty to a plaintiff is a threshold question and “in the absence of a legal duty, the negligence claim fails.” (quotation omitted).

(noting that d uty and breach are both essential elements of a negligence claim ).

“To recover for a claim of negligence, a plaintiff must prove (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”

(medical malpractice), (ordinary negligence).

“A jury instruction is erroneous if, when read as a whole, the instruction materially misstates the law, or is apt to confuse and mislead the jury.” (quotation and citations omitted).

“Generally, a defendant’s duty to a plaintiff is a threshold question because in t he absence of a legal duty, the negligence claim fails.” d 14, 22 (Minn. 2011) (quotation omitted).

To obtain a new trial based on erroneous jury instructions, the appellant must establish, first, that “when read as a whole, the 22 instruction materially misstates the law,” and second, that the error “had a reasonable likelihood of affecting the jury’s verdict,” Poppler v. Wright Hennepin Coop.

An individual acts with reasonable care if they “exercise the degree of care which a reasonably prudent person would exercise under the same or similar circumstances.” (quotation omitted).

“Generally, a defendant’s duty to a plaintiff is a threshold question because in the absence of a legal duty, the negligence claim fails.” (quotation omitted).

This court must consider jury instructions as a whole and review them “to determine whether they misstate or confuse a principle of law applicable to the case.” (quotation omitted), aff’d

at 202 (d 14, 23 (Minn. 2011)).

“[W]hen the issue of foreseeability is clear, the court, as a matter of law, should decide it, but in close cases, the issue of foreseeability is for the jury.” Senogles, d at 43; see also Montemayor, d at 629; & n.3 (Minn. 2011); Bjerke v. Johnson , -68 (Minn. 2007); Ill.

“A jury instruction is erroneous if, when read as a whole, the instruction materially misstates the law, or is apt to confuse and mislead the jury .” (citation and quotation omitted) .

Another occurs “when the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.”

A new trial is required, however, if an erroneous instruction “destroys the substantial correctness of the charge as a whole, causes a miscarriage of justice, or results in substantial prejudice.” Domagala v. Rolland

A defendant owes “a general duty of reasonable care when the defendant’s own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.” (emphasis added).

“Negligence is generally defined as the failure to exercise such care as persons of ordinary prudence usually exercise under such circumstances.” (quotation omitted).

When negligence is the basis for liability, “a plaintiff must prove (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) that the breach of the duty of care was a proximate cause of the injury.”

See Domagala v. Rolland , , 28-29 (Minn. 2011) ("Whether a defendant's chosen course of action satisfies the duty of reasonable care is a question for the jury."); see also Canada ex rel.

Domagala v. Rolland , , 27 (Minn. 2011) ; see also Fenrich , d at 205 ; Senogles , d at 48 ; Montemayor , d at 629 ; Foss , d at 322-23 ; Whiteford , d at 918 .