California Civil Jury Instructions (CACI) (2017)

VF-1001. Premises Liability—Affirmative Defense—Recreation Immunity

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VF-1001.Premises Liability—Affirmative Defense—Recreation
Immunity—Exceptions
We answer the questions submitted to us as follows:
1. Did [name of defendant] [own/lease/occupy/control] the property?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
2. Was [name of defendant] negligent in the [use/maintenance] of the
property?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
3. Was [name of defendant]’s negligence a substantial factor in
causing harm to [name of plaintiff]?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
4. Did [name of plaintiff] enter on or use [name of defendant]’s
property for a recreational purpose?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
you answered no, skip question 5 and answer question 6.
5. Did [name of defendant] willfully or maliciously fail to protect
others from or warn others about a dangerous [condition/use/
structure/activity] on the property?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
6. What are [name of plaintiff]’s damages?
[a. Past economic loss
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[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised April 2007, October 2008, December 2010,
December 2014, December 2016
Directions for Use
This verdict form is based on CACI No. 1000, Premises Liability—Essential
Factual Elements, and CACI No. 1010, Affırmative Defense—Recreation
ImmunityExceptions.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
Question 5 should be modified if either of the other two exceptions to recreational
immunity from Civil Code section 846 is at issue. (See CACI No. 1010.)
If specificity is not required, users do not have to itemize all the damages listed in
VF-1001 PREMISES LIABILITY
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question 6. The breakdown is optional depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
PREMISES LIABILITY VF-1001
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