What is the Law in California for Loss of Design Immunity - California Civil Jury Instruction CACI 1123
California Law
CA Civil Jury Instructions
CACI 1123 - Loss of Design Immunity
As of September 1, 2010
California Civil Jury Instruction CACI 1123
1123. Loss of Design Immunity (Cornette)
[Name of defendant] is not responsible for harm caused to [name of
plaintiff] based on the plan or design of the [insert type of property,
e.g., "highway"] unless [name of plaintiff] proves the following:
1. That the [insert type of property, e.g., "highway"]’s plan[s]
or design[s] had become dangerous because of a change in
physical conditions;
2. That [name of defendant] had notice of the dangerous
condition created because of the change in physical
conditions; and
3. [That [name of defendant] had a reasonable time to obtain
the funds and carry out the necessary corrective work to
conform the property to a reasonable design or plan;]
3. [or]
3. [That [name of defendant] was unable to correct the
condition due to practical impossibility or lack of funds but
did not reasonably attempt to provide adequate warnings of
the dangerous condition.]
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