CACI No. 1010

(Civ. Code, § 846)

[Name of defendant] is not responsible for [name of plaintiff]’s harm if

[name of defendant] proves that [name of plaintiff]’s harm resulted from

[his/her/nonbinary pronoun/name of person causing injury’ s] entry on or

use of [name of defendant]’s property for a recreational purpose.

However, [name of defendant] may be still responsible for [name of

plaintiff]’s harm if [name of plaintiff] proves that

[Choose one or more of the following three options :]

[[name of defendant] willfully or maliciously failed to protect others from

or warn others about a dangerous [condition/use/structure/activity] on

the property.]

[or]

[a charge or fee was paid to [name of defendant/ the owner] for permission

to enter the property for a recreational purpose.]

[or]

[[name of defendant] expressly invited [name of plaintiff] to enter the

property.]

If you find that [name of plaintiff] has proven one or more of these three

exceptions to immunity, then you must still decide whether [name of

defendant] is liable in light of the other instructions that I will give you.

New September 2003; Revised October 2008, December 2014, May 2017, November

2017, May 2021, May 2023