UJI 13-1320. Duty to visitor; acts of third persons.

If an [owner] [occupant] breaches the duty to use ordinary care to keep the premises safe for use by a visitor, resulting in injury to the visitor from the acts of a third person, the [owner’s] [occupant’s] breach of duty is to be compared with the conduct of the third person who actually caused the injury to the visitor [, as well as with the visitor’s own fault,] in order to determine the [owner’s] [occupant’s] proportionate degree of fault. The [owner’s] [occupant’s] duty to protect visitors arises from a foreseeable risk that a third person will injure a visitor and, as the risk of danger increases, the amount of care to be exercised by the [owner] [occupant] also increases. Therefore, the proportionate fault of the [owner] [occupant] is not necessarily reduced by the increasingly wrongful conduct of the third person.