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31.16 [1995 Revision] Verdict Directing-Waiver of Sovereign Immunity-Dangerous Condition of Public Entity's Property-Actual or Constructive Notice
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Description
Instruction No 1 31.16 [1995 Revision] Verdict Directing--Waiver of Sovereign Immunity-- Dangerous Condition of Public Entity's Property--Actual or Constructive Notice Your verdict must be for plaintiff if you believe: First, (here describe condition that made the public entity's property dangerous, such as "there was oil on the gymnasium floor" or "the table saw was unguarded" ), and as a result the defendant's (describe property, such as "gymnasium floor" or "table saw" ) was not reasonably safe, and Second, defendant knew or by using ordinary care could have known of this condition in time to [remedy] [warn of] such condition, and Third, defendant failed to use ordinary care to [remedy] [warn of] such condition, and Fourth, as a direct result of such failure, plaintiff sustained damage. [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ]. *