22.01 [1996 Revision] Verdict Directing-Trespassing Children

Instruction No 1 22.01 [1996 Revision] Verdict Directing--Trespassing Children Your verdict must be for plaintiff if you believe: First, defendant maintained (here describe the condition that caused the injury ), and Second, defendant knew or had information from which defendant, in the exercise of ordinary care, should have known that children would be exposed to such condition, and Third, defendant knew or by using ordinary care could have known such condition presented an unreasonable risk of harm to children exposed to it, and Fourth, children such as plaintiff, because of their youth, would not appreciate the risk of harm associated with such condition, and Fifth, defendant failed to prevent plaintiff from being exposed to such harm, and Sixth, defendant was thereby negligent, and Seventh, as a direct result of such negligence, plaintiff sustained damage. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ].