120.08. Issue-Burden of Proof Premises-Condition-Distraction

120.08 Issue/Burden of Proof Premises/Condition/Distraction [In Count [___]], [N[n]ame of plaintiff] seeks to recover damages from the defendant [name of defendant]. In order to recover damages, the plaintiff has the burden of proving: First, there was a condition on the [property] [land] [building] [other] which presented an unreasonable risk of harm to [people] [children] on the property. Second, the defendant knew or in the exercise of ordinary care should have known of both the condition and the risk. Third, the defendant could reasonably expect that [people] [children] on the property [would not discover or realize the danger] [or] [would fail to protect themselves against such danger]. Fourth, the defendant was negligent in one or more of the following ways: a) b) c) [________________________________________________], [________________________________________________], [________________________________________________], Fifth, the plaintiff was injured. Sixth, the defendant's negligence was a proximate cause of the plaintiff's injury.