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Civil Jury Instructions Resource Center
Sample Fact Pattern and Instructions
PREMISES LIABILITY HYPOTHETICAL
Paula Perry was visiting
her friend Joe Buff. After several drinks, she agreed to join Joe on the
roof deck to view the stars. As she attempted to negotiate the circular
stairway, a portion of the railing gave way and she tumbled down to the
floor. Joe, who was none too sober himself, exclaimed, “I knew this
would happen some day!”
Paula claims that
the stairway and railing constituted a dangerous condition of Joe’s
property.
Joe claims that he
did not know of any problem with the stairs or railing and that his comment
only referred to the fact that young women often became intoxicated in
his presence and he thus feared that someone was bound to stumble some
day. Joe is also certain that Paula would not have fallen if she had been
sober.
Paula now suffers
permanent disabling injuries including: back pain, thoracic outlet syndrome,
severe anxiety, and multiple ill-defined problems that prevent her from
returning to her position as a bartender.
Following are selected
relevant Judicial Council civil jury instructions:
|
1000
Essential Factual Elements
Paula Perry
claims that she was harmed because of the way Joe Buff managed his
property. To establish this claim, Paula Perry must prove all of
the following:
| 1.
|
That
Joe Buff owned the property, |
| 2. |
That
Joe Buff was negligent in the use or maintenance of the pr operty, |
| 3.
|
That
Paula Perry was harmed, and |
| 4.
|
That
Joe Buff’s negligence was a substantial factor in causing
Paula Perry’s harm. |
|
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1001
Basic Duty of Care
A person who
owns property is negligent if he or she fails to use reasonable
care to keep the property in a reasonably safe condition. A person
who owns property must use reasonable care to discover any unsafe
conditions and to repair, replace, or give adequate warning of anything
that could be reasonably expected to harm others.
In deciding
whether Joe Buff used reasonable care, you may consider, among other
factors, the following:
| (a) |
The
location of the property, |
| (b)
|
The
likelihood that someone would come onto the property in the
same manner as did Paula Perry, |
| (c)
|
The
likelihood of harm, |
| (d)
|
The
probable seriousness of such harm, |
| (e)
|
Whether
Joe Buff knew or should have known of the condition that created
the risk of harm, |
| (f)
|
The
difficulty of protecting against the risk of such harm, and |
| (g) |
The
extent of Joe Buff’s control over the condition that created
the risk of harm. |
|
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1003
Unsafe Concealed Conditions
Paula Perry
claims that she was harmed by a hidden condition on Joe Buff’s
property.
An owner is responsible for an injury caused by a hidden condition
if:
| 1.
|
The
condition created an unreasonable risk of harm, |
| 2. |
The
owner knew or should have known about it, and |
| 3. |
The owner
failed to take reasonable precautions to protect against the
risk of harm.
|
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