Last updated: 4/13/2015
120.11. Issue-Burden of Proof-Premises-Willful and WantonStart Your Free Trial $ 11.99
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120.11 Issue/Burden of Proof--Premises/Willful and Wanton [In Count ___,] P[p]laintiff [name 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 of [or] [was willful and wanton in failing to discover] 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. Fourth, the defendant was willful and wanton in one or more of the following ways: a) b) c) [____________________________________________________], [____________________________________________________], [____________________________________________________], Fifth, the plaintiff was injured. Sixth, the defendant's willful and wanton conduct was a proximate cause of the plaintiff's injury.