VF 1101. Dangerous Condition Of Public Property Affirmative Defense Reasonable Act Or Omission (Gov. § Code, 835.4)

VF-1101. Dangerous Condition of Public Property--Affirmative Defense--Reasonable Act or Omission (Gov. § Code, 835.4) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of defendant] own [or control] the property? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was the property in a dangerous condition at the time of the incident? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did the dangerous condition create a reasonably foreseeable risk that this kind of incident would occur? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. [Did negligent or wrongful conduct of [name of defendant]'s employee acting within the scope of his or her employment create the dangerous condition?] VF-1101. Dangerous Condition of Public Property--Affirmative Defense--Reasonable Act or Omission (Gov. § Code, 835.4) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 ____ Yes ____ No [or] [Did [name of defendant] have notice of the dangerous condition for a long enough time to have protected against it?] ____ Yes ____ No If your answer to [either option for] question 4 is yes, then answer question 5. If you answered no [to both options], stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Was the dangerous condition a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. [Answer if you answered yes to the first option for question 4: When you consider the likelihood and seriousness of potential injury, compared with the practicality and cost of either (a) taking alternative action that would not have created the risk of injury, or (b) protecting against the risk of injury, was [name of defendant]'s [act/specify failure to act] that created the dangerous condition reasonable under the circumstances?] ____ Yes ____ No VF-1101. Dangerous Condition of Public Property--Affirmative Defense--Reasonable Act or Omission (Gov. § Code, 835.4) 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 [or] [Answer if you answered yes to the second option for question 4: When you consider the likelihood and seriousness of potential injury, compared with (a) how much time and opportunity [name of defendant] had to take action, and (b) the practicality and cost of protecting against the risk of injury, was [name of defendant]'s failure to take sufficient steps to protect against the risk of injury created by the dangerous condition reasonable under the circumstances?] ____ Yes ____ No If your answer to [either option for] question 6 is no, then answer question 7. If you answered yes [to both options], stop here, answer no further questions, and have the presiding juror sign and date this form. 7. What are [name of plaintiff]'s damages? [a. Past economic loss [lost earnings [lost profits [medical expenses [other past economic loss Total Past Economic Damages: [b. Future economic loss $ $ $ $ $ ] ] ] ] ] VF-1101. Dangerous Condition of Public Property--Affirmative Defense--Reasonable Act or Omission (Gov. § Code, 835.4) 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 [lost earnings [lost profits [medical expenses [other future economic loss $ $ $ $ ] ] ] ] ] ] ] Total Future Economic Damages: $ [c. [d. Past noneconomic loss, including [physical pain/mental suffering:] Future noneconomic loss, including [physical pain/mental suffering:] TOTAL Signed: _________________________ Presiding Juror $ $ $ Dated: _______________ After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ___________________________________________________________________________ New September 2003; Revised April 2007, April 2008, October 2008, June 2010, December 2010, December 2016