CACI  INSTRUCTIONS

1101. Constructive Notice Regarding Dangerous Conditions on Property

In determining whether [name of defendant] should have known of the condition that created the risk of harm, you must decide whether, under all the circumstances, the condition was of such a nature and existed long enough that
[name of defendant] had sufficient time to discover it and, using reasonable care:
     1. Repair the condition; or
     2. Protect against harm from the condition; or
     3. Adequately warn of the condition.

[[Name of defendant] must make reasonable inspections of the property to discover unsafe conditions. If an inspection was not made within a reasonable time before the accident, this may show that the condition existed long enough so that [a store/[a/an] [insert other commercial enterprise]] owner using reasonable care would have discovered it.]

CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell, Bennett & Hapuarachy  has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.

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