1100. Dangerous Condition on Public Property Essential Factual Elements (Gov. Code, § 835)

1100. Dangerous Condition on Public Property--Essential Factual Elements (Gov. Code, § 835) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by a dangerous condition of [name of defendant]'s property. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of defendant] owned [or controlled] the property; That the property was in a dangerous condition at the time of the incident; That the dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred; [That negligent or wrongful conduct of [name of defendant]'s employee acting within the scope of his or her employment created the dangerous condition;] [or] [That [name of defendant] had notice of the dangerous condition for a long enough time to have protected against it;] 5. 6. That [name of plaintiff] was harmed; and That the dangerous condition was a substantial factor in causing [name of plaintiff]'s harm. ___________________________________________________________________________ New September 2003; Revised October 2008, December 2015, June 2016