California Civil Jury Instructions (CACI) (2017)

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

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VF-1101.Dangerous Condition of Public Property—Affirmative
Defense—Reasonable Act or Omission (Gov. Code, § 835.4)
We answer the questions submitted to us as follows:
1. Did [name of defendant] own [or 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 the property in a dangerous condition at the time of the
incident?
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. Did the dangerous condition create a reasonably foreseeable risk
that this kind of incident would occur?
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 negligent or wrongful conduct of [name of defendant]’s
employee acting within the scope of his or her employment
create the dangerous condition?]
4. Yes No
4. [or]
4. [Did [name of defendant] have notice of the dangerous condition
for a long enough time to have protected against it?]
4. Yes No
4. If your answer to [either option for] question 4 is yes, then
answer question 5. If you answered no [to both options], stop
here, answer no further questions, and have the presiding juror
sign and date this form.
5. Was the dangerous condition a substantial factor in causing
harm to [name of plaintiff]?
5. Yes No
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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. [Answer if you answered yes to the first option for question 4:
When you consider the likelihood and seriousness of potential
injury, compared with the practicality and cost of either (a)
taking alternative action that would not have created the risk of
injury, or (b) protecting against the risk of injury, was [name of
defendant]’s [act/specify failure to act] that created the dangerous
condition reasonable under the circumstances?]
6. Yes No
6. [or]
6. [Answer if you answered yes to the second option for question 4:
When you consider the likelihood and seriousness of potential
injury, compared with (a) how much time and opportunity [name
of defendant] had to take action, and (b) the practicality and cost
of protecting against the risk of injury, was [name of defendant]’s
failure to take sufficient steps to protect against the risk of injury
created by the dangerous condition reasonable under the
circumstances?]
6. Yes No
6. If your answer to [either option for] question 6 is no, then
answer question 7. If you answered yes [to both options], stop
here, answer no further questions, and have the presiding juror
sign and date this form.
7. What are [name of plaintiff]’s damages?
[a. Past economic loss
[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 $ ]
DANGEROUS CONDITION OF PUBLIC PROPERTY VF-1101
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[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, April 2008, October 2008, June 2010,
December 2010, December 2016
Directions for Use
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.
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.
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.
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.
VF-1101 DANGEROUS CONDITION OF PUBLIC PROPERTY
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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.
VF-1102–VF-1199. Reserved for Future Use
DANGEROUS CONDITION OF PUBLIC PROPERTY VF-1101
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