What Is Premises Liability for Adjacent Altered Sidewalk Law in California

What is the Law in California for Premises Liability for Adjacent Altered Sidewalk - California Civil Jury Instruction CACI 1008

California Law

CA Civil Jury Instructions

CACI 1008 - Premises Liability for Adjacent Altered Sidewalk

As of September 1, 2010

California Civil Jury Instruction CACI 1008

1008. Liability for Adjacent Altered Sidewalk—Essential
Factual Elements

[Name of plaintiff] claims that [he/she] was harmed because [name
of defendant] was negligent in constructing and maintaining an

altered portion of the sidewalk next to [his/her/its] property. To

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

following:

1. That [name of defendant] [or a previous owner] altered [or

requested the city to alter] the portion of the sidewalk that

caused the harm;

2. That the alteration provided a benefit solely to [name of
defendant]’s property;

3. That the alteration served a purpose different from

ordinary sidewalk use;

4. That [name of defendant] failed to use reasonable care in

creating or maintaining the altered portion of the sidewalk;

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

6. That [name of defendant]’s negligence was a substantial

factor in causing [name of plaintiff]’s harm.

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What Is Premises Liability for Adjacent Altered Sidewalk Law in California

What is the Law in California for Premises Liability for Adjacent Altered Sidewalk - California Civil Jury Instruction CACI 1008

California Law

CA Civil Jury Instructions

CACI 1008 - Premises Liability for Adjacent Altered Sidewalk

As of September 1, 2010

California Civil Jury Instruction CACI 1008

1008. Liability for Adjacent Altered Sidewalk—Essential Factual Elements

Factual Elements

[Name of plaintiff] claims that [he/she] was harmed because [name of defendant] was negligent in constructing and maintaining an

of defendant] was negligent in constructing and maintaining an

altered portion of the sidewalk next to [his/her/its] property. To

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

following:

1. That [name of defendant] [or a previous owner] altered [or

requested the city to alter] the portion of the sidewalk that

caused the harm;

2. That the alteration provided a benefit solely to [name of defendant]’s property;

defendant]’s property;

3. That the alteration served a purpose different from

ordinary sidewalk use;

4. That [name of defendant] failed to use reasonable care in

creating or maintaining the altered portion of the sidewalk;

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

6. That [name of defendant]’s negligence was a substantial

factor in causing [name of plaintiff]’s harm.

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

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What is the Law

1008. Liability for Adjacent Altered Sidewalk—Essential
Factual Elements

[Name of plaintiff] claims that [he/she] was harmed because [name
of defendant] was negligent in constructing and maintaining an

2. That the alteration provided a benefit solely to [name of
defendant]’s property;