1010. Affirmative Defense Recreation Immunity Exceptions (Civ. Code, § 846)

1010. Affirmative Defense--Recreation Immunity--Exceptions (Civ. Code, § 846) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] is not responsible for [name of plaintiff]'s harm if [name of defendant] proves that [name of plaintiff]'s harm resulted from [his/her/name of person causing injury] entry on or use of [name of defendant]'s property for a recreational purpose. However, [name of defendant] may be still responsible for [name of plaintiff]'s harm if [name of plaintiff] proves that [Choose one or more of the following three options:] [[name of defendant] willfully or maliciously failed to protect others from or warn others about a dangerous [condition/use/structure/activity] on the property.] [or] [a charge or fee was paid to [name of defendant/the owner] for permission to enter the property for a recreational purpose.] [or] [[name of defendant] expressly invited [name of plaintiff] to enter the property for the recreational purpose.] If you find that [name of plaintiff] has proven one or more of these three exceptions to immunity, then you must still decide whether [name of defendant] is liable in light of the other instructions that I will give you. ___________________________________________________________________________ New September 2003; Revised October 2008, December 2014, May 2017, November 2017