What Is Premises Liability Basic Duty of Care Law in California
What is the Law in California for Premises Liability Basic Duty of Care - California Civil Jury Instruction CACI 1001
California Law
CA Civil Jury Instructions
CACI 1001 - Premises Liability Basic Duty of Care
As of September 1, 2010
California Civil Jury Instruction CACI 1001
1001. Basic Duty of Care
A person who [owns/leases/occupies/controls] property is negligent
if he or she fails to use reasonable care to keep the property in a
reasonably safe condition. A person who [owns/leases/occupies/
controls] property must use reasonable care to discover any unsafe
conditions and to repair, replace, or give adequate warning of
anything that could be reasonably expected to harm others.
In deciding whether [name of defendant] used reasonable care, you
may consider, among other factors, the following:
(a) The location of the property;
(b) The likelihood that someone would come on to the property
in the same manner as [name of plaintiff] did;
(c) The likelihood of harm;
(d) The probable seriousness of such harm;
(e) Whether [name of defendant] knew or should have known of
the condition that created the risk of harm;
(f) The difficulty of protecting against the risk of such harm;
[and]
(g) The extent of [name of defendant]’s control over the
condition that created the risk of harm; [and]
(h) [Other relevant factor(s).]
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