CO · jury_instructions
CJI-Civ. 16:3
Gratuitous Bailment — Duty of Bailor to Warn Bailee — Definition of Negligence
A bailor who provides an item of personal property to another without (payment)
(or) (receiving anything in return) is negligent if:
1. The bailor knows of a defect or condition that makes an item unsafe for its
intended or reasonably expected uses, or knows other facts indicating that the defect or
condition probably exists;
2. A reasonably careful person under the same or similar circumstances would warn
the bailee of the defect or condition; and
3. The bailor fails to give such a warning to the bailee.
However, a bailor who provides an item of personal property to another without
(payment) (or) (receiving anything in return) is not required to inspect the item to see that
it is free from defects or conditions that make it unsafe.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
63e9ddcd97b60acd8c01781bc87bf98e39cf846cf9a89de0627e512f2b138af2
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