22.10 [2006 New] Verdict Directing-Constant Trespassing

Instruction No 1 22.10 [2006 New] Verdict Directing--Constant Trespassing (Approved January 31, 2006; Effective July 1, 2006) Your verdict must be for plaintiff if you believe: First, defendant knew or had information from which defendant, in the exercise of ordinary care1, should have known that trespassers constantly intruded on (here describe the limited area of land on which trespassing occurred), and Second, defendant [maintained][created]2 (here describe the artificial condition that caused the injury), and Third, defendant knew that such condition was likely to cause death or serious bodily harm to trespassers, and Fourth, defendant knew or had information from which defendant, in the exercise of ordinary care,1 should have known that trespassers would not discover such condition, and Fifth, defendant failed to exercise ordinary care1 to warn such trespassers of the condition and the risk involved, and Sixth, as a direct result of such failure, plaintiff sustained damage.