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UT · jury_instructions

MUJI 2d CV1105A

Duty to a trespasser for an activity on the property.

activein force · 2026-08-21 – presentas-observed

... [name of plaintiff] claims that [name of defendant] owes a duty to use reasonable care in [describe activity or force]. To succeed in this claim, [name of plaintiff] must prove that:

(1) [name of defendant] knew or should have known:

[(a) that trespassers constantly intruded upon a limited area of the property in dangerous proximity to [describe activity or force]; or]

[(b) that [name of plaintiff] was on the property in dangerous proximity to [describe activity or force];] and

(2) [name of defendant] was in immediate control of [describe activity or force]; and

(3) [name of plaintiff] did not discover [describe activity or force] or did not realize its danger.

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
5ca9551d38af864199ff8c910b152e796e4dc8f0e37b548696acb493c8c5020f
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