Last updated: 4/13/2015
125.02. Falls on Ice or Snow-Negligence Only-No Issue as to Ownership or Control-Issue or Burden of Proof
Start Your Free Trial $ 11.99What you get:
- Instant access to fillable Microsoft Word or PDF forms.
- Minimize the risk of using outdated forms and eliminate rejected fillings.
- Largest forms database in the USA with more than 80,000 federal, state and agency forms.
- Download, edit, auto-fill multiple forms at once in MS Word using our Forms Workflow Ribbon
- Trusted by 1,000s of Attorneys and Legal Professionals
Description
125.02 Falls on Ice or Snow--Negligence Only--No Issue as to Ownership or Control--Issues/Burden of Proof [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 an unnatural accumulation of [ice] [snow] on the [property] [land] [building] [other] which presented an unreasonable risk of harm to people 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 on the property [would not discover or realize the danger] [or] [would fail to protect 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.
