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CACI 1011

What Is Constructive Notice of Dangerous Conditions on Property Law in California

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What is the Law in California for Constructive Notice of Dangerous Conditions on Property - California Civil Jury Instruction CACI 1011

California Law

CA Civil Jury Instructions

CACI 1011 - Constructive Notice of Dangerous Conditions on Property

As of September 1, 2010

California Civil Jury Instruction CACI 1011

1011. 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.]

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