WI · jury_instructions
Wis JI-Civil 8020
Duty of Owner or Possessor of Real Property to Nontrespasser User
(An owner) (A possessor) of property must use ordinary care under the existing
circumstances to (construct) (manage) (maintain) his or her premises to avoid exposing
persons on the property with consent to an unreasonable risk of harm.
“Ordinary care” is the degree of care which the great mass of people ordinarily
uses under the same or similar circumstances. A person fails to use ordinary care when,
without intending to do any wrong, he or she does an act or omits a precaution under
circumstances in which a person of ordinary intelligence and prudence should reasonably
foresee that the act or omission will subject another person or property of another to an
unreasonable risk of injury or damage.
In performing this duty, (an owner) (a possessor) of premises must use ordinary
care to discover conditions or defects on the property which expose a person to an
unreasonable risk of harm. If an unreasonable risk of harm existed and the (owner)
(possessor) was aware of it, or, if in the use of ordinary care (he) (she) should have been
aware of it, then it was (his) (her) duty to either correct the condition or danger or warn
other persons of the condition or risk as was reasonable under the circumstances.
History
Wis JI-Civil 8020 (2020). ©2020, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f7bed3e4fd1c2c707fd66f2807d547c780806c05028f9319699e62e787df26f8
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