1111. Affirmative Defense Condition Created By Reasonable Act Or Omission (Gov. Code, § 835.4(a))

1111. Affirmative Defense--Condition Created by Reasonable Act or Omission (Gov. Code, § 835.4(a)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A public entity is not legally responsible for harm caused by a dangerous condition if the act or omission of its employee that created the dangerous condition was reasonable. If [name of defendant] proves that the act or omission that created the dangerous condition was reasonable, then your verdict must be for [name of defendant]. In determining whether the employee's conduct was reasonable, you must weigh the likelihood and the seriousness of the potential injury against 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. ___________________________________________________________________________ New September 2003; Revised April 2007, April 2008