ID · jury_instructions
IDJI 3.17
Duty once presence is discovered
Once an [owner] [occupant] discovers a visitor of any status proceeding on a course, which probably will result in harm because of a dangerous condition of the premises, which is known to the [owner] [occupant] but not known to the visitor, the [owner] [occupant] owes a duty to use reasonable means to warn the visitor of the dangerous condition. The failure to do so amounts to reckless conduct.
Comment:
Instruction may be redundant to either 303 (licensee) or 308 (trespasser). “Reckless” appears to be the equivalent of “willful and wanton,” and is more understandable. See Comment to Instruction 2.25.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
7c687ba1a12ba7f72cd5af2dc18e2379c1ae129740fb4f6ecccba218b8b2e290
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