California Civil Jury Instructions (CACI)

VF-1101. Dangerous Condition of Public Property—Affirmative Defense—Reasonable Act or Omission (Gov. Code, § 835.4)




New September 2003; Revised April 2007, April 2008, October 2008, June 2010, December 2010

Directions for Use

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.

This verdict form is based on CACI No. 1100, Dangerous Condition on Public Property—Essential Factual Elements, CACI No. 1111, Affırmative Defense—Condition Created by Reasonable Act or Omission, and CACI No. 1112, Affırmative Defense—Reasonable Act or Omission to Correct.

For questions 4 and 6, choose the first bracketed options if liability is alleged because of an employee’s negligent conduct under Government Code section 835(a). Use the second bracketed options if liability is alleged for failure to act after actual or constructive notice under Government Code section 835(b). Both options may be given if the plaintiff is proceeding under both theories of liability.

If specificity is not required, users do not have to itemize all the damages listed in question 7. 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.

This form may be modified if the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest on specific losses that occurred prior to judgment.