California Civil Jury Instructions (CACI) (2017)

1104. Inspection System (Gov. Code, § 835.2(b)(1) & (2))

Download PDF
1104.Inspection System (Gov. Code, § 835.2(b)(1) & (2))
In deciding whether [name of defendant] should have discovered the
dangerous condition, you may consider whether it had a reasonable
inspection system and whether a reasonable system would have revealed
the dangerous condition.
[In determining whether an inspection system is reasonable, you may
consider the practicality and cost of the system and balance those
factors against the likelihood and seriousness of the potential danger if
no such system existed.]
[and/or]
[If [name of defendant] had a reasonable inspection system but did not
detect the dangerous condition, you may consider whether it used
reasonable care in maintaining and operating the system.]
New September 2003
Directions for Use
Read the first paragraph and one or both of the bracketed paragraphs as appropriate
to the facts.
Sources and Authority
• Admissible Evidence of Due Care. Government Code section 835.2(b).
• “Constructive notice may be found where the dangerous condition would have
been discovered by a reasonable inspection.” (Straughter v. State of California
(1976) 89 Cal.App.3d 102, 109 [152 Cal.Rptr. 147], citing to Stanford v. City of
Ontario (1972) 6 Cal.3d 870, 882 [101 Cal.Rptr. 97, 495 P.2d 425].)
• “The questions of whether a dangerous condition could have been discovered
by reasonable inspection and whether there was adequate time for preventive
measures are properly left to the jury.” (Carson v. Facilities Development Co.
(1984) 36 Cal.3d 830, 843 [206 Cal.Rptr. 136, 686 P.2d 656], internal citations
omitted.)
• “Although judicial decisions do not always link the issue of constructive notice
to the reasonable inspection system . . . , the Tort Claims Act indicates that,
absent other persuasive evidence, the relationship between constructive notice
and inspection may be crucial.” (California Government Tort Liability Practice
(Cont.Ed.Bar 3d ed. 1992), § 3.37.)
Secondary Sources
5 Witkin, Summary of California Law (10th ed. 2005) Torts, § 271
2California Government Tort Liability Practice (Cont.Ed.Bar 4th ed.)
638
0014
§§ 12.48–12.50
5 Levy et al., California Torts, Ch. 61, Particular Liabilities and Immunities of
Public Entities and Public Employees, § 61.03[4][b] (Matthew Bender)
40 California Forms of Pleading and Practice, Ch. 464, Public Entities and
Offıcers: California Government Claims Act, § 464.81 (Matthew Bender)
19A California Points and Authorities, Ch. 196, Public Entities, § 196.11 (Matthew
Bender)
1105–1109. Reserved for Future Use
DANGEROUS CONDITION OF PUBLIC PROPERTY CACI No. 1104
639
0015