California Civil Jury Instructions (CACI)

1012. Knowledge of Employee Imputed to Owner

If you find that the condition causing the risk of harm was created by [name of defendant] or [his/her/its] employee acting within the scope of [his/her] employment, then you must conclude that [name of defendant] knew of this condition.

New October 2004

Sources and Authority

  • “Where the dangerous or defective condition of the property which causes the injury has been created by reason of the negligence of the owner of the property or his employee acting within the scope of the employment, the owner of the property cannot be permitted to assert that he had no notice or knowledge of the defective or dangerous condition in an action by an invitee for injuries suffered by reason of the dangerous condition. Under such circumstances knowledge thereof is imputed to him.” (Hatfield v. Levy Bros. (1941) 18 Cal.2d 798, 806 [117 P.2d 841], internal citation omitted.)
  • “When an unsafe condition which causes injury to an invitee has been created by the owner of the property himself or by an employee within the scope of his employment, the invitee need not prove the owner’s notice or knowledge of the dangerous condition; the knowledge is imputed to the owner.” (Sanders v. MacFarlane’s Candies (1953) 119 Cal.App.2d 497, 501 [259 P.2d 1010], internal citation omitted.)
  • “Where the evidence shows, as it does in this case, that the condition which caused the injury was created by the employees of the respondent, or the evidence is such that a reasonable inference can be drawn that the condition was created by employees of the respondent, then respondent is charged with notice of the dangerous condition.” (Oldham v. Atchison, T. & S.F. Ry. Co. (1948) 85 Cal.App.2d 214, 218–219 [192 P.2d 516].)

Secondary Sources

6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1120

1 Levy et al., California Torts, Ch. 15, General Premises Liability, §§ 15.04[5], 15.08 (Matthew Bender)

11 California Real Estate Law and Practice, Ch. 381, Tort Liability of Property Owners, § 381.20[1] (Matthew Bender)

36 California Forms of Pleading and Practice, Ch. 421, Premises Liability (Matthew Bender)

17 California Points and Authorities, Ch. 178, Premises Liability, § 178.24 (Matthew Bender)