Last updated: 4/13/2015
120.09. Issue-Burden of Proof Premises-Deliberate EncounterStart Your Free Trial $ 11.99
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120.09 Issue/Burden of Proof Premises/Deliberate Encounter [In Count [___],] [N[n]ame of plaintiff] seeks to recover damages from [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 a reasonable person in plaintiff's position knowing of the condition would proceed to encounter it because the advantage of doing so outweighs the apparent risk. 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.