Ill. Pattern Jury Instr. (Civil) 128.04

128.02)

[In Count __], plaintiff [plaintiff's name] seeks to recover damages from the defendant

[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, ____] 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 people [children] on the property

[would not discover or realize the danger] [or] [would fail to protect themselves against such

danger].

Fourth, the defendant was negligent in one or more of the following ways:

a) ________,

b) ________,

c) ________.

Fifth, the plaintiff was injured.

Sixth, t he defendant's negligence was a proximate cause of the plaintiff's injury.

If you find from your consideration of all of the evidence that the plaintiff has proved

each of these propositions, then you should consider the defendant's affirmative defense of ____.

In order to defeat the plaintiff's claim, the defendant must prove:

First: ________.

Second: ________.

(List the elements of the affirmative defense.)

If the defendant proves all of these items, your verdict should be for the defendant. If the

defendant has failed to prove each of these propositions, then you must consider the defendant's

claim that the plaintiff was contributorily negligent.

In order to reduce or deny plaintiff damages, the defendant has the burden of proving

each of the following propositions:

First, plaintiff [plaintiff's name] failed to exercise ordinary care [for (his/her) own safety]

[for the safety of (his/her) property] in one or more of the following ways:

a) ________,

b) ________,

c) ________.

Second, plaintiff's failure to exercise ordinary care was a proximate cause of

plaintiff['s][s'] [injury] [and] [damage].

If you find the defendant has not proved both of the propositions required of the

defendant, then your verdict should be for the plaintiff and you will not reduce plaintiff's

damages. You should use Verdict form A.

If you find that the defendant has proved both of the propositions required of the

defendant, and if you find that the plaintiff's contributory negligence was more than 50% of the

total proximate cause of the injury [or damage] for which recovery is sought, then your verdict

should be for the defendant. You should use Verdict form C.

If you find from your consideration of all the evidence that the plaintiff has proved all the

propositions required of the plaintiff and that the defendant has proved both of the propositions

required of the defendant, and if you find that the plaintiff's contributory negligence was 50% or

less of the total proximate cause of the [injury] [and] [damage] for which recovery is sought,

then your verdict should be for the plaintiff and you will reduce the plaintiff's damages in the

manner stated to you in these instructions. You should use Verdict form B.