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CACI 1009A

What Is Liability to Independent Contractors for Unsafe Concealed Conditions Law in California

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What is the Law in California for Liability to Employees of Independent Contractors for Unsafe Concealed Conditions - California Civil Jury Instruction CACI 1009A

California Law

CA Civil Jury Instructions

CACI 1009A - Liability to Employees of Independent Contractors for Unsafe Concealed Conditions

As of September 1, 2010

California Civil Jury Instruction CACI 1009A

1009A. Liability to Employees of Independent Contractors

for Unsafe Concealed Conditions

[Name of plaintiff] claims that [he/she] was harmed by an unsafe

concealed condition while employed by [name of plaintiff’s

employer] and working on [name of defendant]’s property. To

establish this claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] [owned/leased/occupied/controlled]

the property;

2. That [name of defendant] knew, or reasonably should have

known, of a preexisting unsafe concealed condition on the

property;

3. That [name of plaintiff’s employer] neither knew nor could

be reasonably expected to know of the unsafe concealed

condition;

4. That the condition was not part of the work that [name of

plaintiff’s employer] was hired to perform;

5. That [name of defendant] failed to warn [name of plaintiff’s

employer] of the condition;

6. That [name of plaintiff] was harmed; and

7. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s harm.

An unsafe condition is concealed if either it is not visible or its

dangerous nature is not apparent to a reasonable person.

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