M Civ JI 106.29 Public Accommodation - Burden of Proof

Plaintiff has the burden of proving:

(a) that (he/she) [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to (his/her) ability to utilize and benefit from the [ place of public accommodation / public service ]; and

(b) that (he/she) uses adaptive devices or aids; and

(c) that (he/she) was denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a [ place of public accommodation / public service ] because of [ a disability / a history of a disability / being regarded as having a disability ]; and

(d) that (he/she) was denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a [ place of public accommodation / public service ] because of his/her use of adaptive devices or aids; and

(e) that (he/she) suffered damages.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Note on Use

Particular subparagraphs may be deleted based on the facts of the case.

History

Added September 2005. Amended January 2020.