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CACI 1010

What Is Premises Liability Defense of Recreation Immunity Law in California

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What is the Law in California for Premises Liability Defense of Recreation Immunity- California Civil Jury Instruction CACI 1010

California Law

CA Civil Jury Instructions

CACI 1010 - Premises Liability Defense of Recreation Immunity

As of September 1, 2010

California Civil Jury Instruction CACI 1010

1010. Affirmative Defense—Recreation Immunity (Civ. Code,

§ 846)

[Name of defendant] is not responsible for [name of plaintiff]’s harm

if [he/she] proves that [name of plaintiff]’s harm resulted from [his/

her] entry on or use of [name of defendant]’s property for a

recreational purpose,[Choose one of the following three options:][unless [name of plaintiff] proves all of the following:

1. That [name of defendant] knew or should have known of the

[condition/use/structure/activity on the property] that

created an unreasonable risk of serious injury;

2. That [name of defendant] knew or should have known that

someone would probably be seriously injured by the

dangerous [condition/use/structure/activity]; and

3. That [name of defendant] knowingly failed to protect others

from the dangerous [condition/use/structure/activity].]

[or]

[unless [name of plaintiff] proves that a charge or fee was paid to

[name of defendant] to use the property.]

[or]

[unless [name of plaintiff] proves that [name of defendant] expressly

invited [name of plaintiff] to use the property for the recreational

purpose.]

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