Haw. Civil Jury Instr. 17.4

A business has a duty to exercise reasonable care to

maintain its premises in a safe condition and remove

unreasonable risks of harm that arise from the way in which a

business is conducted or operated.

To prevail on his/her/their claim, plaintiff(s) must prove

all of the following elements:

1. A condition on/in the land/property/building posed an

unreasonable risk of harm; and

2. Defendant(s) failed to take reasonable steps to remove

the unreasonable risk of harm or to give adequate

warning of that risk;2 and

3. Defendant’s(s’) failure was a legal cause of injury to

plaintiff(s).

1 This instruction applies to cases with facts similar to Gump v.

Walmart Stores, Inc., 93 Hawaiʻi 428, 5 P.3d 418 (App. 1999), aff'd in

relevant part, rev'd in other part, 93 Hawaiʻi 417, 5 P.3d 407 (2000).

2 The phrase “or to give adequate warning of that risk” does not

appear in Gump.