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CACI 1123

What Is Loss of Design Immunity Law in California

Personal Injury Lawyers

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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