OUJI-CIV No. 11.9A

LESSOR'S LIABILITY FOR INJURY FROM A LATENT DEFECT

A [lessor/landlord] is liable for any [injuries/losses] to a [lessee/tenant] [or to

another on the premises with the [lessee's/tenant's] permission] resulting from a

defect in the premises if you find that the following have been established:

1. The defect was known or in the use of ordinary care should have been known

by the [lessor/landlord];

2. The defect caused an unreasonable risk of danger or harm to the

[lessee/tenant] [or his property] [or to others on the premises with the

[lessee's/tenant's] permission];

3. Such [injuries/losses] were directly caused by the [lessor's/landlord's] failure

to exercise ordinary care to warn the [lessee/tenant] of the defect;

4. The defect was not obvious or plainly visible;

5. The [lessee/tenant] was unaware of the defect; and

6. The [i njury/loss] occurred before the tenant could, by using ordinary care,

discover the defect.