CACI No. 1012. Knowledge of Employee Imputed to Owner

Judicial Council of California Civil Jury Instructions (2020 edition)

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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/nonbinary pronoun/its] employee acting
within the scope of [his/her/nonbinary pronoun] 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)
21 California Forms of Pleading and Practice, Ch. 248, Employer’s Liability for
Employee’s Torts, § 248.11 et seq. (Matthew Bender)
17 California Points and Authorities, Ch. 178, Premises Liability, § 178.24 (Matthew
Bender)
1013-1099. Reserved for Future Use
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