401.16b Preliminary Issues - Premises Liability - Discovered Trespasser (or Licensee (Uninvited) Whose Presence Is Foreseeable) On (claimant)'s claim, there is a preliminary issue for you to decide. That issue is whether, at the time and place of the incident in this case, (defendant) had a duty to use reasonable care for the safety of (claimant). A person who owns or has possession of land or premises who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known [or reasonably foreseeable*] by the owner or possessor and if the other neither knew nor should have known of the condition and risk by the use of reasonable care. [* Use the bracketed language indicated with an asterisk if claimant was a licensee (uninvited) but not if claimant was a trespasser.]