CACI No. 1122

and Highways (Gov. Code, § 831)

[Name of defendant] claims it cannot be held responsible for [name of

plaintiff]’s harm because the harm was caused by [insert weather

condition, e.g., fog, wind, rain, flood, ice, or snow] affecting the use of a

public street or highway. To succeed, [name of defendant] must prove

both of the following:

1. That [insert weather condition, e.g., fog, wind, rain, flood, ice, or

snow] affecting the use of a public street or highway was the

cause of [name of plaintiff]’s harm; and

2. That a reasonably careful person using the public streets and

highways would have noticed the [insert weather condition, e.g.,

fog, wind, rain, flood, ice, or snow] and anticipated its effect on the

use of the street or highway.

New September 2003