CJI-Civ. 12:6

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of negligence, you must find all the following numbered propositions have

been proved:

1. At the time of the occurrence, the defendant (owned) (occupied) (controlled)

(conducted activities on) the premises;

2. (A condition existed) (An activity was conducted) on the premises which created

an unreasonable risk of (injury) (damage) (loss) to (persons such as the plaintiff) (the

property of persons such as the plaintiff);

(3. [Either]

[a. This condition (was created by the defendant) (or) (was of a continuous nature or

was reasonably foreseeable because of the defendant’s operating methods)]

[or]

[b. This condition was one the defendant knew of, or reasonably should have known

of, in sufficient time to have (removed it) (corrected it) (or) (adequately warned persons

that the condition was there) so that injury could have been prevented, and [insert

applicable pronoun] failed to do so];)

4. The defendant was negligent because (insert applicable pronoun) failed to use

reasonable care (in the management or maintenance of [insert applicable pronoun]

premises) (with respect to the operation of [insert applicable pronoun] business on the

premises) (with respect to the conduct of [insert applicable pronoun] activities on the

premises) (or) (to [remove] [correct] [or] [give adequate warning of] the condition);

5. The plaintiff had (injuries) (damages) (losses); and

6. The defendant’s negligence was a cause of the plaintiff’s (injuries) (damages)

(losses).

If you find that any one or more of these (number) statements has not been proved

by a preponderance of the evidence, then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.