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CACI 1122

What Is Defense of Weather Conditions Law in California

Car Accident Attorneys

What is the Law in California for the Defense of Weather Conditions- California Civil Jury Instruction CACI 1122

California Law

CA Civil Jury Instructions

CACI 1122 - Defense of Weather Conditions

As of September 1, 2010

California Civil Jury Instruction CACI 1122

1122. Affirmative Defense—Weather Conditions Affecting

Streets and Highways (Gov. Code, § 831)

[Name of defendant] claims it cannot be held responsible for [name

of plaintiff]’s harm because the harm was caused by [insert weather

condition, e.g., fog, wind, rain, flood, ice, or snow] affecting the use

of a public street or highway. To succeed, [name of defendant] must

prove both of the following:

1. That [insert weather condition, e.g., fog, wind, rain, flood, ice,

or snow] affecting the use of a public street or highway was

the cause of [name of plaintiff]’s harm; and

2. That a reasonably careful person using the public streets

and highways would have noticed the [insert weather

condition, e.g., fog, wind, rain, flood, ice, or snow] and

anticipated its effect on the use of the street or highway.

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