IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 120.09
Issue/Burden Of Proof Premises/Deliberate Encounter
[In Count __], [plaintiff's name] seeks to recover damages from the [defendant's name].
In order to recover damages, the plaintiff has the burden of proving:
First, there was a condition on the [property] [land] [building] [other] which presented an
unreasonable risk of harm to [people] [children] on the property.
Second, the defendant knew or in the exercise of ordinary care should have known of
both the condition and the risk.
Third, the defendant could reasonably expect that a reasonable person in plaintiff's
position, knowing of the condition, would proceed to encounter it because the advantage of doing
so outweighs the apparent risk.
Fourth, the defendant was negligent in one or more of the following ways:
a) ________,
b) ________,
c) ________,
Fifth, the plaintiff was injured.
Sixth, the defendant's negligence was a proximate cause of the plaintiff's injury.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
a9e8cf21d8b29ef58a604dd72af4692eeb64c8573d8d77bb6f2a17afeeda894f
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